RICO Tool Kit: How To Hold Washington Accountable Using The Racketeer Influence & Corrupt Organizations Act – Marinka Peschmann
Has the U.S. government deprived you of your rights? If so, please do not think that you are helpless or at the mercy of the political justice system anymore. You have legal remedies to pursue. It’s RICO time.
Last week I told you that if you were looking for a political judicial solution, such as congress, the Justice Department, the Federal Bureau of Investigations (FBI), impeachment or a special prosecutor, to hold the corruption coming out the Obama administration accountable, including from the Internal Revenue Services (IRS) and National Security Agency (NSA) for abusively targeting and harassing specific Americans, Christians and journalists, you were looking in the wrong place. What the IRS did tilted President Barack Obama’s 2012 re-election in his favor.
If you need additional proof, look no further than at FBI Director Robert Mueller’s testimony on the non-status of the IRS investigation. Reportedly the FBI has not even bothered to contact one Tea Party group yet. Once again, like Benghazi, The Fix is in. By their fruits you shall know them.
The bottom line is this. You can’t get justice within the political justice system in America anymore because the politicians own it. It is up to you now. What stopped the mob? The Racketeer Influence and Corrupt Organizations Act (RICO). What will hold the Obama administration and politicians on both sides of the aisle accountable? RICO.
Based on the response and questions I have received after writing, It’s RICO time! How to Stop the Obama Administration Crime Wave and A Warning to Public Servants in the Obama Administration: It’s RICO time!, following are some resources to use to see if your case qualifies under the RICO statues and to get the ball rolling to peacefully hold Washington accountable. It is time to stop complaining and take action. It is RICO time!
Under statue 18 USC § 1961 crimes under RICO include everything from extortion, obstruction of justice, obstruction of a criminal investigation, and witness tampering or witness retaliation, to kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter and financial institution fraud. RICO also permits a private individual harmed by the actions of an enterprise to file a civil suit; if successful, the individual can collect treble damages (damages in triple the amount of actual/compensatory damages).
Americans who have been targeted by the IRS should also consider “Section 1983 Actions against the Deprivation of Constitutional Rights under Color of State Law.” This also includes “Monetary Damages against Federal Officials in Their Personal Capacities.” More on this below.
To begin, this great summation called Civil RICO: Points to Remember, by Paul Andrew Mitchell, provides a succinct breakdown of RICO with corresponding sourcing. One of the objectives of Civil RICO, for example, is to turn victims into prosecutors, “private attorneys general,” dedicated to eliminating racketeering activity. That’s you! Remember racketeering – is the act of engaging in criminal activity as a structured group. The structured group is now government agencies.
Keep in mind RICO has already been successfully used against corrupt politicians like the former mayor of Detroit, Kwame Kilpatrick and his childhood friend Bobby Ferguson. Under the RICO statute, they were convicted on March 11, 2013 of using his office to run a criminal organization to extort bribes in exchange for city contracts. Don’t waver. It can be done.
We’ve also seen how RICO was effectively used against Wall Street. In 1989, for instance, junk bond king, Michael Milken was indicted under RICO. To avoid the harsh criminal RICO penalties, Milken pled guilty to six lesser, non-RICO, securities fraud offenses. Instead of possibly going to prison for life, he served 22 months in jail and paid $1.1 billion in damages. $200 million went to criminal fines and $900 million to civil suits.
RICO Tool Kit
First this American University Law Review report called, Using the Master’s Tools: Fighting Persistent Police Misconduct with Civil RICO, by Steven P. Ragland, will show you how RICO was fruitfully used to root out corrupt policemen in the Los Angeles Police Department (LAPD). This example can be applied to corrupt officials at the IRS and other agencies where corruption exists. Substitute the bad cops with the corrupt government workers, LAPD with the government agency in question and off you go.
The Federal Civil Rights Laws from the Columbia Law School will provide you with a myriad of information including a course outline that will show you how: 42 U.S.C. Section 1983 – Civil Remedy for Deprivation of Rights and RICO: Civil Remedies for Conspiracies to Deprive Rights may be applied.
The good news with civil RICO is “that no criminal convictions are necessary to win a civil case under the act. The plaintiff need only show, by a Preponderance of Evidence, that it is more likely than not that the ongoing criminal enterprise occurred. As a result RICO has been used in all types of civil cases to allege wrongdoing. By contrast, a criminal RICO case must be proved Beyond a Reasonable Doubt.”
In criminal RICO cases, if the defendant invocates their Fifth Amendment (Privilege against Self-Incrimination), the judge and jury are prohibited from drawing an adverse inference. This is not the case in civil RICO suits.
Moreover, civil RICO can begin at the local and State level. If crimes are revealed during the discovery process they can then be merged with others and taken to the criminal RICO level. If you find yourself in that situation read the RICO Manual that Federal Prosecutors use.
For contrast, this case provides an example of what not to do including addressing the issue of statute of limitations. In short, RICO requires at least two acts of racketeering activity, establishing a pattern which occurred within ten years after the commission of a prior act of racketeering activity.
In the saga of missed opportunities to hold corrupt politicians accountable as documented in The Whistleblower: How the Clinton White House Stayed in Power to Reemerge in the Obama White House and on the World Stage, Following Orders: Death of Vince Foster, Clinton White House Lawyer and Crime & Incompetence: Guide to America’s Immigration Crisis, that is now replaying in the news, may we stop pretending that the political justice system adheres to the rule of law and provides equal justice for all? It does not. For decades there has been a special justice system for Washington’s ruling elite that does not apply to you or me.
This is why filing RICO suits beginning at the local and State level is so very important. You must resist this corruption by fighting it. The corruption did not begin in the Obama administration but it must end during the Obama administration otherwise America will cease to exist as you once knew it. RICO suits have the potential of uniting and empowering citizens. They are a non-violent, successful option to expose, put a stop to, obtain justice and clean up Washington.
Now is the time to act. Talk to your friends, neighbors, lawyers, sheriffs, local attorney generals and prosecutors. Begin the process of restoring the United States of America to one Nation under God, indivisible, with liberty and justice for all. Not to speak is to speak, not to act is to act. Are you going to be complicit and complain or stand up? Are you going to continue to capitulate to evil and corruption or is it RICO time? It’s RICO time!
To help get the RICO solution out there check out the Blow the Whistle Store where there is everything from “It’s RICO time!” and “RICOBAMA” bumper stickers to “You’re going to miss me after O whacks me… ” T-shirts to choose from.
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