Law Commons^™

Union Autonomy And Federal Intrusion, Hannah Borowski

University of Colorado Law Review

Union autonomy, a critical aspect of the health and growth of unions and employee power broadly, is weakened by (1) the Department of Justice’s (DOJ) attempts to target organized crime through civil Racketeer Influenced and Corrupt Organizations Act (RICO) litigation against unions and (2) the creation of federal trusteeships in settlement, both of which can be analyzed through litigation between the DOJ and the International Brotherhood of Teamsters (Teamsters or IBT) at the end of the 20th century. The field of compliance offers a solution to prevent these breaches of union autonomy. Relying on the Federal Sentencing Guidelines and the …

Tax Evasion And Fraud In The United States Sex Market, Youngbee Dale

Dignity: A Journal of Analysis of Exploitation and Violence

This study describes tax evasion or fraud in the United States sex market. Prior to this study, scholars have recognized the problem of tax evasion in the commercial sex market as an obstacle to national revenue collection. Tax violation and fraud investigations also are ways to combat the illegal commercial sex industry. However, no studies have focused on the problem in the United States sex market. Hence, this study aims to describe tax evasion or fraud methods used by the criminals operating in the United States sex market. This study relies on both quantitative and qualitative methods to examine the …

Rico Had A Birthday! A Fifty-Year Retrospective Of Questions Answered And Open, Randy D. Gordon

Marquette Law Review

The Racketeer Influenced and Corrupt Organizations Act (RICO) came into

the world in 1970, a time of great social upheaval that was accompanied by

shifting attitudes towards both crime and civil litigation. From the outset, the

statute’s complexity, ambiguity, and uncertain purpose have confounded courts

and commentators. At least some doubts as to the statute’s meaning and

application arise because it has criminal and civil components that subject it

to the twin—yet antithetical—social impulses to be “tough on crime” while

containing a perceived “litigation explosion.” In this Article, I situate RICO

in this larger context and offer that context as …

Guilt By Association On The Docks And In The Casinos, Conor Byrnes

Touro Law Review

No abstract provided.

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.

Reinvesting In Rico With Cryptocurrencies: Using Cryptocurrency Networks To Prove Rico’S Enterprise Requirement, Andrew Robert Klimek

Washington and Lee Law Review

This Note received the 2019 Roy L. Steinheimer Law Review Award.

This Note argues that the Racketeer Influenced and Corrupt Organizations Act (RICO) may be suited to cryptocurrency prosecutions. RICO subsection 1962(a) addresses the infiltration of an enterprise by investing proceeds from racketeering activities and this Note contends that a cryptocurrency network could serve as the “enterprise” required by the statute. Instead of having to investigate and prove the relationships in an underlying criminal enterprise, proponents of a RICO case against crypto-criminals could rely on well-documented and publicly available information about the cryptocurrency network to prove the enterprise and the …

¿Marero O Terrorista? Examining The Supreme Court Of El Salvador's Designation Of Gang Members As Terrorists, Karla Martinez

Georgia Journal of International & Comparative Law

No abstract provided.

Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov

Review of law sciences

The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.

Legal Framework Of The Republican Interdepartmental Commission On Combating Human Trafficking, R Gafurov

Review of law sciences

The article analyzes the efforts and measures taken by the Republic of Uzbekistan in the field of preventing and combating human trafficking. It highlights the legal and institutional framework for combating human trafficking, as well as providing assistance and protecting victims of human trafficking. In addition, proposals have been put forward for further improvement of the activities of the Republican interdepartmental commission to combat human trafficking.

The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward

All Faculty Scholarship

The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by …

Rico Run Amok, John K. Cornwell

SMU Law Review

In 1970, Congress enacted RICO to eradicate organized crime in America. To enlist the help of private citizens in this effort, the statute included civil provisions providing treble damages for plaintiffs who proved that they were injured by a pattern of racketeering activity. As the decades passed, civil RICO dramatically expanded its reach, addressing misconduct in a diverse array of contexts, including high-profile suits against the Clinton Foundation and Trump University. This Article examines this evolution, focusing on three factors that have figured prominently in civil RICO’s runaway growth: the broad interpretation of what constitutes a RICO “enterprise”; the flexibility …

The Silver State And The Black Book, Steven J. Brody Esq

UNLV Gaming Law Journal

No abstract provided.

Joinder, Conspiracy, And Racketeering: Charging Issues Arising In The Prosecution Of Staged-Accident Insurance Schemes, Michael C. Kovac

Nevada Law Journal

No abstract provided.

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

What Do Corrupt Firms Have In Common? Red Flags Of Corruption In Organizational Culture, Alison Taylor

Center for the Advancement of Public Integrity (Inactive)

What kind of an organizational culture do corrupt companies tend to have? To answer this question, I conducted a study based on a review of academic literature as well as in-depth interviews with 23 prominent lawyers, investigators, scholars, and policymakers with firsthand knowledge of the inner workings of dozens of corrupt firms. They highlighted a number of common traits often missed by standard compliance processes that might be “red flags” for organizational corruption. These traits don’t guarantee corruption within an organization, but they do point to the conditions in which it thrives.

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

The Comparative Overview Of The Phenomenon Of Money Laundering In Certain European Union And Western Balkan’S, Fatos Haziri

UBT International Conference

The Republic of Kosovo has issued several legal acts which are in place to prevent and combat the phenomenon of money laundering. These acts determine the issue of state response and other institutional mechanisms which have competence in the field of law enforcement to strike this criminal phenomenon. Until now, prevention of money laundering is regulated by: UNMIK Regulation, Criminal Code and Criminal Procedure Code, the Law on Prevention of Money Laundering and Prevention of Terrorist Financing and the Law on Extended Powers for Confiscation of Assets Acquired by Criminal Offence.

Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan

Akron Law Review

The Racketeer Influenced and Corrupt Organization (RICO) statute' was enacted as part of the Organized Crime Control Act of 1970. Congress passed it in response to a growing concern over the pervasive influence of organized crime in America? The statute contains both criminal penalties and civil sanctions, and civil RICO actions are available to both the government and to private individuals. It is a complex, powerful, and controversial law. In its private civil version, RICO is evolving into something quite different from the original conception of its enactors? It offers a federal forum and mandatory treble damages with attorneys fees …

Complex Criminal Litigation: Prosecuting Drg Enterprises And Organized Crime. 3rd Edition., Jimmy Gurule

Jimmy Gurule

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an …

Complex Criminal Litigation: Prosecuting Drug Enterprises And Organized Crime. 2nd Edition., Jimmy Gurule

Jimmy Gurule

No abstract provided.

Profile In Public Integrity: Cyrus Vance, Jr., Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Cyrus R. Vance, Jr., was first inaugurated as the District Attorney of New York County on January 1, 2010. Over the following four years, Mr. Vance enhanced the Manhattan District Attorney’s Office as a national leader in criminal justice by expanding the offices expertise on an array of 21st century crimes, including identity theft, cybercrime, white-collar fraud, hate crimes, terrorism, domestic violence, human trafficking, and violent and gang-related crimes.

Upon taking office, Mr. Vance modernized the Manhattan District Attorney’s Office by reorganizing its resources and creating new specialized bureaus and units, including the Cybercrime and Identity Theft Bureau, Major Economic …

Migrant Smuggling, Anne T. Gallagher Ao

Anne T Gallagher

Rico Section 1962(C) Enterprises And The Present Status Of The “Distinctness Requirement” In The Second, Third And Seventh Circuits, Lawrence A. Steckman

Touro Law Review

No abstract provided.

Beyond The Sar-C: Best Practices For Gaming Companies To "Know Their Customer" And Avoid Organizational Money Laundering Liability In The Post-Sands Climate, Joseph Rillotta

UNLV Gaming Law Journal

No abstract provided.

U.S. - Asean Organized Crime Cooperation As Part Of Washington's Rebalancing Policy Toward The Asia-Pacific, Tuan Anh Luc

Graduate Program in International Studies Theses & Dissertations

This research addresses the reasons why the United States of America (U.S.) has been involving in the effort of the Association of Southeast Asian Nations (ASEAN) to combat transnational organized crime. The author argues that Washington has been doing so because: first, it wants to prevent and suppress negative influences of Southeast Asian organized crime and protect national interests; second, it wants to increase regional capabilities, sometimes at the Association's request, and narrow differences so as to effectively deal with transnational organized crime; and third, it wants to justify its presence in the region and pave the way …

Foreward, G Robert Blakey

Notre Dame Law Review

No abstract provided.

Transnational Organized Crime And The Illegal Wildlife Trade Global Ties And Global Crime, Zachariah Edward Long

Graduate Program in International Studies Theses & Dissertations

World biodiversity is faced with many different threats in today's globalized world. One such threat is the emergence of transnational organized crime in the illegal wildlife trade. But why would transnational organized crime which is traditionally associated with such crimes like illegal drugs, weapons, and human trafficking be interested in the illegal wildlife trade? This thesis seeks to explore why transnational organized crime as a rational business actor would it be interested in participating in the illegal wildlife trade. To explore this relationship, this thesis will look at several different variables. First the economic conditions oflocals living with wildlife and …

Oscar V. University Students Cooperative Ass'n: Can Citizens Use Rico To Rid Neighborhoods Of Drug Houses, Michelle J. Stahl

Notre Dame Law Review

No abstract provided.

Using Rico To Fight Environmental Crime: The Case For Listing Violations Of Rcra As Predicate Offenses For Rico, Brendan P. Rielly

Notre Dame Law Review

No abstract provided.

The Aftermath Of Mexico's Fuel-Theft Epidemic: Examining The Texas Black Market And The Conspiracy To Trade In Stolen Condensate., Luke B. Reinhart

St. Mary's Law Journal

Organized crime has infiltrated the oil patch, creating a theft network with an annual value of $2–$4 billion. Over the past decade, Mexican drug cartels have plundered mass amounts of natural gas condensate produced by Petróleos Mexicanos (Pemex)—the governing Mexican agency for production and export of hydrocarbons. The Mexican government has not sat by idly. Pemex’s production losses have skyrocketed from $300 million, between 2006 and 2011, to an estimated $585 million in 2013 alone. Considering derivative costs associated with these thefts, Pemex’s annual losses reach into the billions. Diversified and driven by profits derived from the United States black …