You dont need murder or extortion for the feds to drop Racketeering crimes
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OT: Is It Happening? Alabama in Hot Water
- Thread starter johnnytsunami01
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You dont need murder or extortion for the feds to drop Racketeering crimes
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Stop. Do not dig yourself in further, as per usual.
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Real elites don't have to bribe school low-level officials. They donate buildings. fund scholarships and endow department chairs. They have university presidents and chancellors on speed dial.
SWFLHurricane
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Criminal RICO
To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list. These crimes are known as "predicate" offenses. To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise.
Note that an enterprise is required. This might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company. The enterprise just has to be a discrete entity; but an enterprise is not the same as an individual. Thus, a corporation may be the enterprise through which individuals commit crimes, but it can't be both an individual and the enterprise.
The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment.
Anyone else think RICO charges cant be filed?
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I think the problem is that Aunt Becky's children have Forrest Gump-level IQs but she wanted them to attend a top tier school. School presidents will bend admissions standards to let in subpar students if the parents donate enough money, but when the students are functionally illiterate, then professors at the top schools will complain that it is disrespecting the institution. Plenty of other rich parents will donate but have less stupid kids, so it's not worth agitating the faculty to admit mouthbreathers.
Aunt Becky blew it because she aimed too high- its funny if you read the report, the fixer threatened that he could only get the kids into Arizona State if he didn't get more bribe money, which scared Aunt Becky into throwing tens of thousands more to try and get her moron children into USC. If she had done the same thing with the goal of getting her kids into Alabama, they'd probably have been admitted straight to honors college despite her daughters lacking the mental ability to walk and chew gum at the same time. No one would have given it a second thought.
RICO predicate offenses
Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961. As currently amended it includes:
Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);
Embezzlement of union funds;
Bankruptcy fraud or securities fraud;
Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;
Criminal copyright infringement;
Money laundering and related offenses;
Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
Acts of terrorism.
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The US Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.
Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961. As currently amended it includes:
Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);
Embezzlement of union funds;
Bankruptcy fraud or securities fraud;
Drug trafficking; long-term and elaborate drug networks can also be prosecuted using the Continuing Criminal Enterprise Statute;
Criminal copyright infringement;
Money laundering and related offenses;
Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
Acts of terrorism.
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The US Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." (H.J. Inc. v. Northwestern Bell Telephone Co.) Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.
pacusmc
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RICO Lawsuits Are Tempting, but Tread Lightly (Published 2018)
A case against Harvey Weinstein shows how broadly the racketeering law can be applied, but the recent rejection of a separate suit illustrates some of its limitations.
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RICO Lawsuits Are Tempting, but Tread Lightly (Published 2018)
A case against Harvey Weinstein shows how broadly the racketeering law can be applied, but the recent rejection of a separate suit illustrates some of its limitations.www.nytimes.com
We arent talking Civil Racketeering, We are talking about actually Criminal charges. If by chance this thing really blows up and these foundations are brought down then schools like Miami could file civil racketeering lawsuits.
It wont ruin the sports at all
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If the NCAA allows more of a free market to recruit players in the wake of (Or preventing) all the blue bloods going down, or anything along those lines, we're screwed.
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pacusmc
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I’m not a lawyer. But like the story says Tread lightly with the civil stuff.
If your a lawyer maybe you can enlighten us.
I don’t know the threshold needed for A: the fbi to peruse a RICO case and B: the threshold of a judge in that state to allow an investigation to even begin or proceed.
UMFarArcher
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It takes a very simple mind to think a college football coach is handing out bags.
Not the coach. Not the school - only boosters and booster bag men - for a very good reason - plausible deniability.
Butch was never suspected of paying anyone - anywhere - any time.
Get your **** straight.
Pentagon Cane
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Not talking about Aunt Becky. Actually, she is huge on the Hallmark Channel. Only know that because my boss (wife) told me. Her husband is actually more loaded and probably more renown. Quite a few folks with a **** of a lot of money on that indictment list.
You think anybody outside of Tuscaloosa knows who the GM car dealer is who is funding 25% of the Tide football roster?
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1mg of Epi
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Your post explains why the parents, kids and will be screwed
i meant punished by the ncaa. So if the players are guilty or admit to taking money, the ncaa I’m sure will disqualify them for whatever length of time. Meanwhile the schools won’t even be looked at.
Heart of The Playmaker
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Please Baby Jesus put the hammer on alabaga.
UMFarArcher
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All I know for certain is that once you get Feds picking through your ****, they'll pick and pick and pick - and they have access to bank accounts, property records, and can get anyone or any family's tax records.
And they don't give a tinker's dam about what it costs.
You get FBI alumni from a MAC school on a school from the SEC - he'll be on them like stink on ****. You get some newbies who are anxious to make their mark - they'll dig like a dog in sand.
Once you have a bagman, he knows the tricks of the trade - and those will be shared with the Feds - so they'll know exactly what they're looking for and where to start looking.
Many schools are tired of the same, large schools buying players - and I'm sure some will take advantage of this to drop some info on opponents - specific players - and the discoveries will amplify.
NCAA causes any trouble - they'll start having a hard look at the NCAA - and the NCAA doesn't want that, for certain.
Enjoy - just because Georgia didn't get listed - doesn't mean they won't. Some traditional competitors know of lots of players Georgia bought - and just may point them out.
And they don't give a tinker's dam about what it costs.
You get FBI alumni from a MAC school on a school from the SEC - he'll be on them like stink on ****. You get some newbies who are anxious to make their mark - they'll dig like a dog in sand.
Once you have a bagman, he knows the tricks of the trade - and those will be shared with the Feds - so they'll know exactly what they're looking for and where to start looking.
Many schools are tired of the same, large schools buying players - and I'm sure some will take advantage of this to drop some info on opponents - specific players - and the discoveries will amplify.
NCAA causes any trouble - they'll start having a hard look at the NCAA - and the NCAA doesn't want that, for certain.
Enjoy - just because Georgia didn't get listed - doesn't mean they won't. Some traditional competitors know of lots of players Georgia bought - and just may point them out.
I've been saying this for the longest time: once the IRS wakes up, this" isht be going all up in this piece!"
(did I get that right??)
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