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Saturday, October 25, 2008

Prosecute ACORN With RICO Immediately !!

A Great Analysis From Atlas Shrugs:

Prosecute ACORN With RICO Immediately

Here is the RICO case to save our great nation.

Prosecute ACORN With RICO Immediately, Save Our Electionsby Jakob Rood

“Vote early, vote often.” - Chicago gangster Al “Scarface” Capone

Across the political spectrum, millions of Americans have become aware of an urgent, compelling need for a federal investigation into the widespread, systematic fraud the Association of Community Organizations for Reform Now (ACORN) is committing as part of its nationwide drive to register “voters” (often ineligible non-citizens) for this national election. Since it now become apparent the presidential election and many other hotly contested races across the country could be decided by fraudulent voting, in less than two weeks, authorities must move quickly.

Federal authorities must immediately launch – and publicly announce – a Racketeer Influenced and Corrupt Organizations Act (RICO)[i] investigation into ACORN and its voter-registration operations, conducting simultaneous raids of ACORN’s front organizations in multiple states where voter fraud has been observed and documented. Involved could be hundreds of thousands, or more, falsified votes. It is critical that citizens call state and federal authorities to demand immediate action, especially the Department of Justice and your territorial State’s Attorney.[ii]

ACORN is the largest radical group in America, with 400,000 dues-paying member families and 1,200 chapters in over a hundred U.S. cities, operating in at least 38 states.[iii] But incredibly, all of ACORN's power is directed by a single family, the Rathkes.[iv]

I. Why a RICO Case is Appropriate for an ACORN Investigation:

ACORN employees have broken many state laws, some already netting convictions.[v] State election fraud appears coordinated and paid for by ACORN leaders. The purpose of this fraud is transparently to create pools of illegal ballots. Notable is an obvious central coordination of these activities, spreading across the nation. The idea that many states would simultaneously, yet coincidentally create the same pattern of voter fraud crime, via a single entity, is nonsensical.

This type scenario is exactly why RICO was created. Such sprawling, masterminded, nationalized crimes overwhelm any one state, which have no means to take on massive crime syndicates, or address criminal activity outside their territory. If ACORN is doing such planned interstate fraud, and by way -- misusing funds, they are operating as a de-facto interstate crime syndicate, defrauding donors and the Government, and misusing fees to perpetrate crime. So RICO clearly applies to ACORN. (SCOTUS has also ruled legitimate businesses also fall under RICO (Sedima, S.P.R.L. v. Imrex Co[vi])).

Department of Justice guidelines, in their Criminal Resource Manual (USAM 9-110.000),[vii] say RICO cases should be select, but great latitude exists to choose cases meritoriously. The USAM (9-110.310) says if 1 of 7 reasons exist for a RICO prosecution, it should be launched.[viii] Virtually all of these rules apply to the ACORN case, but one compelling reason to launch one is the alarming, emerging pattern of coordinated, widespread fraud. RICO allows combining many crimes in separate states as a whole. Seeing ACORN as one major problem of many parts, as opposed to many smaller state crimes is key. Further, the manual encourages taking on cases...“in which the federal government has a significant interest.” (USAM 9-110.000)[ix] Is there a greater conceivable Government interest than making presidential and senatorial elections safe, and not discredited or overturned by fraudulent ballots?

II. Basic Description of RICO:

RICO is codified as Chapter 96, Title 18 of the United States Code, 18 U.S.C. § 1961–1968.[x] It was originally drafted to eradicate organized crime, but allows prosecution of groups satisfying four basic criteria: (i) An enterprise; (ii) affecting interstate commerce, (iii) creating a crime pattern, (iv) via at least two acts of racketeering (USAM 9-110.000).[xi] Racketeering is a pattern of crime created through at least two predicate crimes, over ten years. There are 35 RICO predicate crimes,[xii] and RICO does not require any mens rea (intent to conspire) beyond that necessary for the predicate acts.[xiii]

RICO prohibits using income from a pattern of racketeering activity used to acquire an interest in enterprises affecting interstate commerce, or conducting/participating in an enterprise affecting interstate commerce through a pattern of racketeering activity, or conspiring to participate in any of these activities. RICO's purpose is to remove organized crime from the legitimate business community. (USC §1962)[xiv]

RICO provides criminal sanctions, including prison terms up to 20 years, and forfeiture of racketeer derived gain. It authorizes courts to issue restraining orders prior to conviction to prevent transfer of potentially forfeitable property.[xv] RICO prosecutions need not focus on economic crimes.[xvi]

To See how ACORN Fits in to the Four-Part RICO Test: CLICK HERE

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