RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - RICO

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO)

THE CRIMINAL JUSTICE SYSTEM (GATE) and ITS CONNECTIONS 
aka
THE CRIMINAL JUSTICE SYSTEM HOAX

"THEY MAKE THE RULES TO BREAK THE LAW." -- Lillian Ann Mack, Pro-se -- SEE: ABUSE EXCUSE -- SECTION 3--DEFINITIONS--Black's Law Dictionary, Bryan A. Garner, Editor-In-Chief

"A SHAMEFUL EVASION OF THE CRISES FACING OUR COUNTRY." MICHAEL REUBEN BLOOMBERG, MAYOR OF THE CITY OF NEW YORK (ON GUN CONTROL)

"EDUCATION WILL NOT; THE WORLD IS FULL OF EDUCATED DERELICTS."  By:  Calvin Coolidge

(SUPREME  ENTITLEMENTS,  HONOR AMONG  THIEVES:   A  PERVERTED JUSTICE!!!)

BUSINESS:  1.  A commercial enterprise carried on for profit; a particular occupation or employment habitually engaged in for livelihood or gain.  2.  Commercial enterprises <business and academia often have congruent aims.>  3. Commercial transactions <the company has never done business in Louisiana>.  See doing business.  4.  By extension, transactions or matters of a non-commercial nature <the court's criminal business occasionally overshadows its civil business.>  5.  Parliamentary law.  The matters that come before a deliberative assembly for its consideration and action, or for its information with a view to possible action, or for its information with a view to possible action in the future.   In senses 2,3, and 4, the word is used in a collective meaning,.  SOURCE:  BLACK'S LAW DICTIONARY-EIGHTH EDITION.  PG,. 211  (In my lay person's view -- collective meaning:  THE CRIMINAL JUSTICE SYSTEM (GATE).

BUSINESS ENTERPRISES.  The field of law dealing with various forms of business, such as corporations, limited-liability companies, and partnerships - Also termed business entities; business associations; enterprise organizations. - SOURCE:  BLACK'S LAW DICTIONARY - EIGHTH EDITION, PG. 211.

ENTERPRISE:  1. An organization or venture, esp. for business purposes:

GOVERNMENTAL ENTERPRISE:  An enterprise undertaken by a governmental body, such as a parks department that creates a public park. - Also termed governmental enterprise.  2.  Under federal anti-racketeering law, an individual partnership, corporation, association, union, other legal entity, or group of individuals associated in fact, although not a legal entity.  The enterprise must be ongoing* and must exist as an entity separate from the allegedly illegal activity that it engages in,  18 USCA  1961(4), See Racketeer Influenced and Corrupt Organizations Act.  [Cases:  Racketeer Influenced and Corrupt Organizations {key 33.C.J.S. RICO (Racketeer Influenced and Corrupt Organizations)  3.  One or more persons or organizations that have related activities unified operation or common control, and a common business purpose.**  Under the Fair Labor Standards Act, an employee who is employed by an enterprise is entitled to minimum-wage and overtime benefits.  29 USCA 201 et seq.  SOURCE:   BLACK'S LAW DICTIONARY, EIGHTH EDITION, PG. 572

*MALICE AFORETHOUGHT - OPPRESSION

**THE CRIMINAL JUSTICE SYSTEM GATE and (ITS CONNECTIONS)

GLOSSARY -- RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO)
BY:  JEFF GRELL, Attorney-at-Law

The following is  taken from a "Glossary" of definitions by JEFF GRELL, Attorney At Law, Racketeering Influenced and Corrupt Organizations, RICO., via the Internet.    While the list is extensive, only selective items were chosen to, hopefully, give an idea of what this "mysterious" racket is all about: (I mailed my "claim" to Mr. Grell, this past summer, for guidance, it was sent back by a law clerk citing backlogs.--IN MY SEALED BRONX FILE).   I am still working on it.

Closed-ended Patterns:  The Supreme Court has held that, under RICO, a pattern of racketeering must be sufficiently continuous.   A closed-ended pattern arises whenever the defendant's wrongful conduct has terminated.  Even though a defendant's wrongful acts have ended, a pattern may be sufficiently continuous if it occurred over a substantial period of time.  Generally, the courts consider one year a substantial period of time. 

The Criminal Justice System (Gate) and Its Connections

In my layperson's opinion, extensive research, and recipient, I decided that the closed-ended patterns has terminated as of January 1, 2014:   No incarceration; No hospitalization; and No housing.  It began, August 25, 2004, tasered embedded chest, unlawful incarceration and three commitments to Mid-Hudson Forensic Psychiatric Center, until release, via the side door of the Bronx County Supreme Court, Part 40, October 10, 2007.   Its connections are ongoing via shelter-hopping, deprivation, moral depravity, and oppression.

Color of Official Right:  An act of extortion may occur whenever a defendant obtains the property of another, with his consent, under color of official right,  A governmental agent "obtains the property of another under color of official right" whenever the governmental agent threatens to exercise discretionary authority unless the victim gives the agent money or some form of property.  For example, a city health inspector who goes to a restaurant threatens to close the restaurant, unless the owner gives him a free meal every day for the rest of the inspector's life, is attempting to obtain the property of the restaurant owner (i.e., his food and labor) under color of official right.

Enterprise:  the RICO Act defines an enterprise as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." 18 U.S.C.   1961(4).  Some courts have also stated that a RICO enterprise must also have (a) some continuity of structure and personnel;  (b) a common or shared purpose; and (c) an ascertainable structure distinct from that inherent in the pattern of racketeering.   Diamond Plus, Inc. v. Kolber, 960 F.2d 765, 769 (8th Cir. 1992).  A RICO enterprise may be the group through which the defendant perpetrates criminal acts.  See National Organization for Women v. Scheidler, 510 U.S. 249, 259 n.5 (1994).

Extortion:  Each state has its own definition of what constitutes criminal extortion or coercion.  The federal extortion law is known as The Hobbs Act, which defines "extortion" as "the obtaining of  property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right,"  18 U.S.C.  1951

Plaintiff:  The person or entity who has been harmed by unlawful actions and who initiates legal action against the person or entity (i.e., the defendant) who engaged in the unlawful acts.

Open-ended Patterns:  The Supreme Court has held that, under RICO, a pattern of racketeering must be sufficiently continuous.  Wrongful acts that threaten to continue indefinitely give rise to open-ended patterns.   For example, a mobster's single extortionate threat to break the legs of a store owner unless the owner pays the mobster $1000 per month constitutes an open-ended pattern of racketeering.  An open-ended pattern may also arise when criminal conduct becomes a regular way in which the defendant does business.

Racketeering Activity:  A RICO Act refers to the specified criminal actions as "racketeering activity' or "acts of racketeering."  Sometimes these acts are called "predicate acts" because all RICO claims must be predicated on the commission of one or more of these crimes.

Relatedness:  The Supreme Court has held that, under RICO, a pattern of racketeering arises  only if the criminal acts forming the pattern are related.  To be related, the criminal acts that form the pattern must "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics." 

Statute of Limitations:  Most civil and criminal actions are subject to a statute of limitations.  Unless an action is brought within the period set forth by the applicable statute of limitations, the plaintiffs, to ensure that they do not sit on their rights while evidence disappears and witnesses die.  Statutes of limitations are also intended to offer repose to defendants so that, after a period of years, defendants may rest assured that they cannot be called to court to answer for wrongs committed in the distant past.


Limitations Period in Civil RICO Litigation:  Congress enacted the Racketeer Influenced Corrupt Organizations Act (RICO) in the late 1960s to combat organized crime.  In addition to criminal sanctions, RICO permits private actions to be brought in federal district courts.  Because the Supreme Court has interpreted the Act to encompass a range of activities well beyond typical mobster operations (i.e., white-collar crime), defendants seek cost-effective defenses that lead to dismissal of  plaintiffs' claims or favorable summary judgment.  The statue of limitations is one defense that has figured prominently in civil RICO litigation as much for its unsettled aspects as for its ability to get professionals out of court relatively quickly and inexpensively.


ADDENDUM:  AS THE RECIPIENT, LAYPERSON, AND PRO-SE OF THIS RICO CLAIM, COUPLED WITH MSSRS. GARDNER's AND GRELL's "guidance" in their linguistics, IT IS OUTLINED AS FOLLOWS:

• THE SORDID CLAIM
• PREFACE - CRIME VICTIMS RIGHTS
• DECEPTIVE BUSINESS PRACTICES
• GAMING THE SYSTEM
• Legal opportunism
• Abuse of process
• Legal abuse

• THEFT BY DECEPTION
• Abuse and Theft of Governmental Agencies, Properties, Services and Goods

•  NEW YORK STATE PENAL LAWS
• Article 460 - Enterprise Corruption
• Article 135 - Kidnapping, Coercion and Related Offenses
• Article 730 -NY Criminal Procedure Law-Mental Disease or Defect EXCLUDING Fitness to Proceed 
• Article 165 -Other Offenses Relating to Theft 

After reading a Daily News Article, "Nazi" Kim, February 18, 2014, in part, it states, "a UN panel on Monday found North Korea responsible for "unspeakable atrocities" comparable to those of Nazi Germany and warned its leader that he could be charged with committing crimes against humanity.

The panel released a letter warning Kim that anyone complicit in crimes against humanity -even by looking the other way- assumes responsibility, "including possibly yourself." 

This article prompted the Universal Human Rights Instruments outlined below, in part:   

 

•  UNIVERSAL HUMAN RIGHTS INSTRUMENTS:
• DECLARATION OF BASIC PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER
• PREVENTION OF DISCRIMINATION
• HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE:  PROTECTION OF PERSONS SUBJECTED TO DETENTION OR IMPRISONMENT
• SOCIAL WELFARE, PROGRESS AND DEVELOPMENT
• PROMOTION AND PROTECTION OF HUMAN RIGHTS
• SLAVERY, SLAVERY-LIKE PRACTICES AND FORCED LABOUR

TWEED LAW- NY EXECUTIVE LAW 63-c

A New York State Law that allows its Attorney General to pursue the recoupment of public funds misused by government officials without the request from a local official.

  

ENJOY!!!!

LILLIAN ANN MACK, PRO-SE
(revised 1-2-14-lam)