CSRP - Central Standard RP for TSRP


    BRATVA IS GONE

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    francois
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    Posts : 31
    Join date : 2009-12-15

    BRATVA IS GONE

    Post  francois on Sat Dec 19, 2009 9:49 pm

    delete this forum
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    neophyte
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    Join date : 2009-12-15

    Re: BRATVA IS GONE

    Post  neophyte on Sun Dec 20, 2009 12:42 am

    i would just like to say that the police gathering enough information to bring down a mafia in a week seems a little farfetched. maybe to ck some characters and jail others but to completely crumble a mafia? also no one online seems to know anything except we had evidence. ken died. bratva is dead new org owns the bar. if anyone could enlighten me on what happened i would be very thankful. also if my character is gone. or just no longer employed online i got all were arrested or killed and was then told that mine wasnt. so if someone could let me know what the hell happened in the 15 hrs i was gone i would appreciate it.
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    francois
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    Re: BRATVA IS GONE

    Post  francois on Sun Dec 20, 2009 12:52 am

    Prior to the police raid, Serg Voronin, Aleksandr Kaidanovsky, Michael Ivanov, and the mole, Jimmy Lee were all arrested, after we compiled the evidence of crimes they had been caught for, the sentences being between 40 and 60 years apiece. Ken Berkely died in a subsequent raid, and Illiad killed herself shortly after. This is when I turn to a lovely piece of law: the Racketeer Influenced and Corrupt Organizations Act.


    Code:
    The Racketeer Influenced and Corrupt Organizations Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its intended use was to prosecute the Mafia as well as others who were actively engaged in organized crime, its application has been more widespread.


    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. Those found guilty of racketeering can be fined up to $250,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages.


    When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.


    In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.


    There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal enterprise." The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. A civil RICO action, like many lawsuits based on federal law, can be filed in state or federal court.

    Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).
    Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."


    Under the law, racketeering activity means:

    Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
    Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
    Embezzlement of union funds;
    Bankruptcy fraud or securities fraud;
    Drug trafficking;
    Money laundering and related offenses;
    Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
    Acts of terrorism.

    And so falls Solntsevskaya Bratva.

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