#2 OldSpook,
The short answer is âyes,â RICO can and should be applied. The longer answer involves figuring out what the politicians are willing to face in terms of outcries of âcensorship, censorship.â However, I think the LLL is crossing lines where some of the bad actors need to be put in jail.
In Colorado, these groups could be held to answer under RICO at the federal level, and under Coloradoâs very similar Colorado Organized Crime Control Act, § 18-17-101, C.R.S., et seq. Some very basic elements of the Federal Racketeering Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq. (âRICOâ) are:Defendants formed an "association" to perpetrate various economic and personal injuries, and are employed by, or associated with, the enterprise.
Defendants have engaged in "racketeering activity," in that Defendants have:in violation of 18 U.S.C. § 1341 (having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises), for the purpose of executing such scheme or artifice or attempting so to do, placed in a post office or authorized depository for mail matter, a matter or thing to be sent or delivered by the Postal Service, or have deposited or caused to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or have taken or received therefrom, any such matter or thing, or have knowingly caused to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing; and
in violation of 18 U.S.C. § 1343 (having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises), transmitted or caused to be transmitted by means of wire, radio, or television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice. Defendants have engaged in a "pattern of racketeering activity," in that (within the relevant time) Defendants have engaged in at least two acts of "racketeering," that are related to the conduct of the enterprise.
Defendants have knowingly received income derived, directly or indirectly, from a pattern of racketeering activity in which Defendants participated as principles, and have used such income (or the proceeds derived from the investment or use thereof) in the operation of the enterprise, which affects interstate commerce.
Defendants have through a pattern of racketeering activity knowingly acquired or maintained, directly or indirectly, interest in or control of the enterprise, which affects interstate commerce.
Defendants have knowingly conducted or participated, directly or indirectly, in the enterprise (which affects interstate commerce) through a pattern of racketeering activity.
Defendants have conspired or endeavored to violate the provisions of subsection (a), (b), or (c) of 18 U.S.C. § 1961, et seq.
Now, granted, I pulled this stuff out of a civil complaint (so it looks a bit squirreley) but the criminal RICO cases (and cases under the Colorado counterpart) are very similar to civil cases under those statutes. Unlike a lot of criminal statutes, even if the government doesnât act, any affected private citizen can bring a civil action under the statutes. The main difference is that private plaintiffs collect money damages instead of putting the bad actors in jail. |
With less than a month until Election Day, Colorado's registration rolls include as many as 6,000 felons who should be ineligible to vote. Election officials have failed to prevent state prisoners and parolees from registering or casting ballots. Records show felons have voted as recently as the August primary, despite a law forbidding it. Secretary of State Donetta Davidson said she was unaware of potential problems until she was asked about a Denver Post comparison of voter registrations to felons currently in the Department of Corrections system. ... "Did I look at it when I took office? No. Could I have looked at it? Yes," said Davidson, a Republican, and Colorado's election chief since 1999. "I had no idea we had that type of numbers." Davidson plans this week to convene an emergency meeting of clerks from Colorado's 64 counties to try to keep prisoners and parolees from voting in November. State law says that "no person while serving a sentence of detention or confinement in a correctional facility, jail, or other location or while serving a sentence of parole shall be eligible to register to vote or to vote in any election ...."