Cross-posted from another thread
RICO AS A REMEDY
RICO, the Racketeer Influenced and Corrupt Organizations Act, may be a remedy for the lawlessness that is sweeping our courts and nation. Last week I moved for reconsideration in the U.S. Court of Appeals under RICO, as set forth below.
We owe a debt of gratitude to Florida attorney Mary Alice Gwynn who sued The Florida Bar under RICO in April 2008, see Lanson v. The Florida Bar, case no. 9:08-cv-80422-WJZ, U.S. District Court, S.D. of Florida. Although the case was voluntarily dismissed, it was a brave first step. Ms. Gwynn was recently suspended from practice by the Florida Bar in retaliation. But since Ms. Gwynn sounded the alarm in 2008, Florida attorney Scott Rothstein was prosecuted for a $1.2 billion ponzi scheme under RICO, and Florida attorney David J. Stern improperly dumped 100,000 foreclosure cases on the courts, points made in my motion for reconsideration in the U.S. Court of Appeals.
Some of you reading this may also have a civil cause of action under RICO, see the links below.
On May 22, 2012 the Florida Supreme court denied without comment my motion for reconsideration in case SC11-1622. That ended any hope that the Florida courts would lawfully adjudicate this matter. The order and motion are on Scribd at the link. http://www.scribd.com/doc/96198449
On May 7, 2012 the U.S. Court of Appeals for the Eleventh Circuit in a related case denied my motions to consolidate two related appeals, denied leave to proceed in forma pauperis, denied appointment of counsel, etc. The order in C.A.11, 12-11028-B is on Scribd at the linkhttp://www.scribd.com/doc/96197551
In response to the above, I moved for reconsideration in the U.S. Court of Appeals May 30, 2012 arguing that the federal courts have jurisdiction under the RICO act, the Racketeer Influenced and Corrupt Organizations. The motion is on Scribd here http://www.scribd.com/doc/95369974
A related notice of May 31, 2012 as to in forma pauperis is on Scribd here http://www.scribd.com/doc/95571084
All told there are 18 related cases in the matter of Gillespie v Barker, Rodems and Cook PA. A list of the cases is on Scribd herehttp://www.scribd.com/doc/95369691
As set forth in my motion for reconsideration (paragraph 9), governmental units, such as the New York City Civil Court, may be "enterprises" within the meaning of RICO. United States v. Angelilli, 660 F. 2d 23 (C.A.2 1981). A court may be an enterprise within the meaning of RICO. United States v. Bacheler, 611 F.2d 443, 450 (3dCir.1979) (Philadelphia Traffic Court). Judges and lawyers may be "enterprises" within the meaning of RICO. U.S. v. Limas, 1:11-cr-00296, U.S. District Court, Southern District of Texas, Brownsville (Indictment of Judge Abel C. Limas March 29, 2011).http://www.scribd.com/doc/95369974/
I encourage anyone interested to read about RICO on Wikipedia, and the Cornell Legal Information Institute site. Again, some of you reading this may have a civil cause of action under RICO. Here are some highlights.
According to Wikipedia, "RICO provides for criminal penalties and a civil cause of action for racketeering acts performed as part of an ongoing enterprise." "Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes - 27 federal crimes and 8 state crimes - within a 10-year period can be charged with racketeering."http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act
According to Wikipedia, "RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts."
According to Wikipedia, "There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers"." "Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages)."
The Cornell Legal Information Institute has the hyperlinked text of RICO here http://www.law.cornell.edu/uscode/text/18/part-I/chapter-96
Attorney George Robert Blakey originally drafted RICO, and he is currently a law professor at Notre Dame. According to Wikipedia, "G. Robert Blakey remains an expert on RICO" http://en.wikipedia.org/wiki/G._Robert_Blakey
Here is a link to Professor Blakeys page at Notre Dame. Last week I emailed Professor Blakey with a link to my motion to reconsider under RICO but he did not reply. http://law.nd.edu/people/faculty-and-administration/teaching-and-research-faculty/g-robert-blakey/
Under 18 USC § 1965(a), a RICO civil action or proceeding against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs. As I argued to the U.S. Court of Appeals, the ends of justice in this matter may require RICO civil proceedings instituted in a venue outside Florida and the Eleventh Circuit.
As of the time of this email, both my cases in the U.S. Court of Appeals are active, and no decision has been made as to a cause of action under RICO. The cases are appeal number 12-11028-B, and appeal number 12-11213-C.