https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act#Famous_casesThe Cowboy MafiaRICO was instrumental in indicting members of this group from Texas, Tennessee and Florida during 1977 and 1978, this group imported over 106 tons of marijuana. To date the largest amount of marijuana smuggling ring in North America using the shrimp boats Agnes Pauline, Monkey, Jubilee, and Bayou Blues, the group made six trips from Colombia to Texas. The group was arrested in 1978 after the federal government seized the Agnes Pauline when they were unloading their cargo in Port Arthur, Texas. In 1979, 26 members of the smuggling ring were convicted. Charles “Muscles†Foster, a ranch foreman and the head of the operation, pleaded innocent by reason of insanity and was acquitted in 1980.In August 1981, Rex Cauble was indicted by a grand jury, as the government believed he was the financial backer of the smugglers. Foster was the foreman for his ranches and the drugs were transported to Cauble's ranches throughout Texas. Cauble was a multi-millionaire, the former chairman of the Texas Aeronautics Commission and an honorary Texas Ranger. He was also the owner of Cutter Bill, a famous cutting horse. Cauble was convicted in January 1982 on ten counts including: two counts of violating the Racketeer Influenced and Corrupt Organizations Act statute (RICO), conspiracy to violate RICO, three violations of the Interstate Commerce Travel Act, and four counts of misapplication of bank funds. He was sentenced to ten concurrent terms of five-years. He completed his prison term and was released in September 1987. Cauble died in 2003. Three books were published, Rex Cauble's personal jet pilot Roy Graham released a book "The Cowboy Mafia" in 2003, "Catching the Katy" by Barker Milford 2017 and "A Conspiracy Revealed" by DEA agent Daniel Wedeman Sr.
As a result of the RICO conviction, Cauble forfeited his 31% interest in Cauble Enterprises and one of the largest forfeiture of holdings. This included interests in: two Cutter Bill Western World stores, three Texas banks (Western State Bank in Denton, Dallas International Bank and South Main Bank of Houston), six ranches, a welding supply company, and oil and gas holdings. The company's worth was estimated at $80 million. However, the government sold their interest back to the other partners (Cauble's wife and son) for an estimated $12 million.
Hells Angels Motorcycle ClubIn 1979, the United States Federal Government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells Angels using RICO. In United States vs. Barger, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns."
Latin KingsSeveral members of the Latin Kings have been convicted of RICO offenses.
Gil DozierLouisiana Commissioner of Agriculture and Forestry Gil Dozier, in office from 1976 to 1980, faced indictment with violations of both the Hobbs and the RICO laws. He was accused of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, the Baton Rouge-based United States District Court for the Middle District of Louisiana convicted Dozier of five counts of extortion and racketeering. The sentence of ten years imprisonment, later upgraded to eighteen when other offenses were determined, and a $25,000 fine was suspended pending appeal, and Dozier remained free on bail.He eventually served nearly four years until a presidential commutation freed him in 1986.
Key West, Florida Police DepartmentAround June 1984, the Key West Police Department located in Monroe County, Florida, was declared a criminal enterprise under the federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers.[23] At trial, a witness testified he routinely delivered bags of cocaine to the Deputy Chief's office at City Hall.
Michael MilkenOn 29 March 1989 American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pleaded guilty to six lesser felonies of securities fraud and tax evasion rather than risk spending the rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life from the securities industry.
On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was threatened with RICO charges respondeat superior, the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock manipulation. In a carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the Government. If Drexel had been indicted under RICO statutes, it would have had to post a performance bond of up to $1 billion to avoid having its assets frozen. This would have taken precedence over all of the firm's other obligations—including the loans that provided 96 percent of its capital base. If the bond ever had to be paid, its shareholders would have been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business.By at least one estimate, a RICO indictment would have destroyed the firm within a month.Years later, Drexel president and CEO Fred Joseph said that Drexel had no choice but to plead guilty because "a financial institution cannot survive a RICO indictment."
Major League BaseballIn 2001, Major League Baseball team owners voted to eliminate two teams, presumably the Minnesota Twins and Montreal Expos. In 2002, the former minority owners of the Expos filed charges under the RICO Act against MLB commissioner Bud Selig and former Expos owner Jeffrey Loria, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move.[29] If found liable, Major League Baseball could have been responsible for up to $300 million in punitive damages. The case lasted two years, successfully stalling the Expos' move to Washington or contraction during that time. It was eventually sent to arbitration, where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place.
Los Angeles Police DepartmentIn April 2000, federal judge William J. Rea in Los Angeles, ruling in one Rampart scandal case, said that the plaintiffs could pursue RICO claims against the LAPD, an unprecedented finding. The idea that a police organization could be characterized as a racketeering enterprise shook up City Hall and further damaged the already-tarnished image of the LAPD. However, in July 2001, US District Judge Gary A. Feess said that the plaintiffs did not have standing to sue the LAPD under RICO, because they were alleging personal injuries rather than economic or property damage.
Mohawk Industries
On April 26, 2006, the Supreme Court heard Mohawk Industries, Inc. v. Williams, No. 05-465, 547 U.S. 516 (2006), which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens, in violation of RICO. The court was asked to decide whether Mohawk Industries, along with recruiting agencies, constituted an "enterprise" that could be prosecuted under RICO. However, in June of that year, the court dismissed the case and remanded it to Court of Appeals.
Michael Conahan and Mark CiavarellaA federal grand jury in the Middle District of Pennsylvania handed down a 48-count indictment against former Luzerne County Court of Common Pleas Judges Michael Conahan and Mark Ciavarella.The judges were charged with RICO after allegedly committing acts of mail and wire fraud, tax evasion, money laundering, and honest services fraud. The judges were accused of taking kickbacks for housing juveniles, that the judges convicted of mostly petty crimes, at a private detention center. The incident was dubbed by many local and national newspapers as the "Kids for cash scandal".On February 18, 2011, a federal jury found Mark Ciavarella guilty of racketeering because of his involvement in accepting illegal payments from Robert Mericle, the developer of PA Child Care, and Attorney Robert Powell, a co-owner of the facility. Ciavarella is facing 38 other counts in federal court.
Scott W. Rothstein
Scott W. Rothstein is a disbarred lawyer and the former managing shareholder, chairman, and chief executive officer of the now-defunct Rothstein Rosenfeldt Adler law firm. He was accused of funding his philanthropy, political contributions, law firm salaries, and an extravagant lifestyle with a massive 1.2 billion dollar Ponzi scheme. On December 1, 2009, Rothstein turned himself in to federal authorities and was subsequently arrested on charges related to RICO.Although his arraignment plea was not guilty, Rothstein cooperated with the government and reversed his plea to guilty of five federal crimes on January 27, 2010. Bond was denied by U.S. Magistrate Judge Robin Rosenbaum, who ruled that due to his ability to forge documents, he was considered a flight risk.On June 9, 2010, Rothstein received a 50-year prison sentence after a hearing in federal court in Fort Lauderdale.
AccessHealthSourceEleven defendants were indicted on RICO charges for allegedly assisting AccessHealthSource, a local health care provider, in obtaining and maintaining lucrative contracts with local and state government entities in the city of El Paso, Texas, "through bribery of and kickbacks to elected officials or himself and others, extortion under color of authority, fraudulent schemes and artifices, false pretenses, promises and representations and deprivation of the right of citizens to the honest services of their elected local officials"
FIFAFourteen defendants affiliated with FIFA were indicted under the RICO act on 47 counts for "racketeering, wire fraud and money laundering conspiracies, among other offenses, in connection with the defendants' participation in a 24-year scheme to enrich themselves through the corruption of international soccer." The defendants include many current and former high-ranking officers of FIFA and its affiliate CONCACAF. The defendants had allegedly used the enterprise as a front to collect millions of dollars in bribes, which may have influenced Russia and Qatar's winning bids to host the 2018 and 2022 FIFA World Cups, respectively.
Drummond Company
In 2015, the Drummond Company sued attorneys Terrence P. Collingsworth and William R. Scherer, the advocacy group International Rights Advocates (IRAdvocates), and Dutch businessman Albert van Bilderbeek, one of the owners of Llanos Oil, accusing them of violating RICO by alleging that Drummond had worked alongside Autodefensas Unidas de Colombia to murder labor union leaders within proximity of their Colombian coal mines, which Drummond denies.
Connecticut Senator Len Fasano
In 2005, a federal jury ordered Fasano to pay $500,000 under RICO for illegally helping a client hide their assets in a bankruptcy case.
Lechter v. AprioIn the North Georgia case Lechter v. Aprio,[56] an Atlanta, GA accounting firm named Aprio, LLP[57] was sued by clients for involving them in a tax avoidance scheme[58] using conservation easements.[59] In the complaint,[60] David Deary, an attorney for the plaintiff, stated, “This is the exact kind of conduct that the civil RICO statute was designed to remedy, where you have a bunch of professional advisers that put together a scheme in secret manipulating a bunch of technical rules that laymen don’t understand to deprive people of their money."[61] Specifically, the claim cites violations of the Racketeer Influenced and Corrupt Organizations Act (“RICOâ€), 18 U.S.C. §§1961–1968, violations of the Georgia RICO statute, O.C.G.A. § 16-4-1, et seq.[62]
The case is being followed for its implications regarding the use of conservation easements as tax shelters.An article in Bloomberg Tax states: "A class-action claiming that the promoters of syndicated conservation easements knew from the outset that their deals violated tax laws is a new legal avenue for aggrieved investors as the Internal Revenue Service and the Justice Department grind through their own crackdowns."
