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1-24-94 SUPREME COURT DECISION NEW INTERPRETATION OF RACKETEERING INFLUENCED CORRUPT ORGANIZATIONS ACE--RICO By Ross Regnart "Crush Political Dissent?" The U.S. Supreme Court ruled on January 24, 1994, that organizations, groups, their members and contributors are subject to being sued under Civil RICO Racketeering Laws when their members commit a pattern of criminal acts to achieve political or moral objectives. Organizations using a pattern of violence or intimidation or any other illegal means to financially damage a business or individual's property to achieve political or moral objectives, may now be sued jointly and severally by financially injured parties for three time actual financial damages, attorney fees, and court costs. Prior to this U.S. Supreme Court RICO interpretation, a necessary element required to constitute a Criminal RICO Enterprise was a pattern of illegal acts (at least two) committed by organization members, executed for the purpose of furthering a financial scheme to profit organization members. This is no longer true. An organization scheme may be motivated by ideology instead of cash. RICO Criminal Conspiracy: An organization's scheme to expand by illegal means an ideology, for instance, employing violence, arson, intimidation, or damage to a business or property, can result in organization members being sentenced to 20 years in prison, having forfeited their personal and real property used to facilitate or derived from a criminal RICO Enterprise, and/or assessed huge RICO fines. More than 30 states have their own RICO laws which have been modeled after federal RICO laws. Organizations and groups are now jointly and severally liable to Civil RICO law suits when members, known to have committed criminal acts for their organization's or group's cause, are not ejected and/or turned over to the appropriate authorities. This is the first mistake an organization or group can make, thus setting themselves up to be arrested or sued jointly and severally. Note: The member who should have been ejected for illegal acts may in fact be the government agent who will later testify against the organization or group that administrating members had knowledge of its other members committing illegal acts. It is this kind of testimony which is difficult for organization and group administrators to refute in subsequent Civil and Criminal RICO trials. Northern Ireland: Smart Political and Religious Leaders Learned to use RICO Type Laws to their Advantage Political and Religious Activists in Northern Ireland have had to deal with RICO type laws since 1970, used by British forces against persons and groups considered a political threat to the ruling government. Political and religious activists originally were defenseless against British agents who would infiltrate their groups and organizations causing some of their members to commit illegal acts, such as violence. This was successful in criminalizing entire lawful organizations and citizen groups. Sometimes the members committing violent acts were British agents. This fact is often camouflaged when "in the Furtherance of Justice," agents are given immunity from prosecution in exchange for their testimony against their fellow political group members, many of whom have not committed crimes, but were considered threats to the ruling government. Smart political and religious leaders in Northern Ireland protect themselves from false arrest and imprisonment by forming coalitions with other organizations and by restructuring their organizations to include some of the following: 1. Appointment of strong leadership and incorporation of written rules, policies, and legal objectives of the organization or group. Incorporate, in writing, the group's or organization's policy for disposition of members who break the law. Appointment of "stewards" from within organizations and groups to oversee and monitor member' behavior at public rallies and other events to insure organization member not injure or attack persons or property. Stewards also monitor infiltrators at organization and group meetings and public events to insure they do not appear to be representing the legitimate organization or group should the infiltrator cause harm or damage to a person or property. 2. Members of lawful and legitimate organizations must be extremely careful not to associate with other groups who have members who have committed criminal acts, but who have not been either ejected from the group or arrested. Fusing of members of different groups can lead to a quagmire so that government can not separate one group's members and activities from another. Government may salivate at the opportunity to charge and criminally fine both the lawful and illegal organizations together. 3. Employment of private security at organization and public meetings in addition to organization stewards, serves to keep order and provide independent witnesses that organization members were not participating in illegal acts or violence, thus diminishing government's opportunity to allege organization or group criminal or terrorist conspiracy. Organization insistence that police be present at certain organization public events and meeting insures that these police may be called, if necessary, as your witnesses. 4. Violence at Public Events: Tape Recorders and Video Cameras should be employed to film and record organization and group meetings, public events, or any other event, to document an organization or group's lawful activity and/or efforts to keep the peace. Organization stewards, upon witnessing violence at a public event which organization members are attending, should immediately withdraw their members. Two video cameras should be employed to film the illegal acts of the wrong doer(s). One tape should be retained by organization security, the other given to police. Organizations may need to tape record their phone calls to later prove their innocence. It is difficult for a government to charge an organization with Criminal Conspiracy when the organization acts lawfully and possesses documentary evidence. 5. Press Core: It is necessary for every politically active organization to have a credible relationship with the press. Government's RICO Arsenal Americans who are successful in confronting the injustices and tyrannical activities of governments, may find that their success, whether it be individual, by group or organization action, may be met by government's new political RICO arsenal. Suggested: Lawful groups and organizations integrate their activities and objectives with those of other lawful and credible organizations, developing strong political and moral coalitions. Should government unreasonably attack, under RICO, one group or organization, government will in effect be attacking all coalition members. Expect in The Future: Political RICO Criminal Arrests, Property Forfeitures, Huge RICO Fines, Civil RICO Suits, and greater political opposition to tyrannical activities of government aimed at obstructing Americans' right to free association and expression. Political Forfeiture may be on the horizon. It is important to note the main element needed to constitute a RICO Criminal Conspiracy is an agreement by at least two people to do an act or further an act which is illegal under federal law (The Crime Control Act of 1970) and in the state where committed. Care should be taken by organization and group members not


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