Criminal law

RICO is often used to target the mob and cartels − but Trump and his associates aren't the first outside those worlds to face charges

Retrieved on: 
Thursday, August 31, 2023

Many racketeering prosecutions involve lucrative criminal enterprises, such as illegal drug operations or the Mafia.

Key Points: 
  • Many racketeering prosecutions involve lucrative criminal enterprises, such as illegal drug operations or the Mafia.
  • Whatever the lawfulness of Trump’s efforts to overturn the 2020 election, no one claims his conduct was part of a Mafia scheme.
  • At that time, he will be read his formal charges and will plead guilty or, far more likely, not guilty.
  • A grand jury in Fulton County, Georgia, indicted Trump and 18 other political associates on Aug. 15, 2023.

RICO’s relatively short history

    • At least 31 states, including Georgia, have since enacted so-called “little RICO” or “state RICO” laws modeled after federal RICO, allowing such prosecutions to be brought in their courts.
    • In general, both federal and state judges have interpreted RICO broadly, in both allowing charges and convicting defendants.
    • But in such cases only monetary damages and other forms of civil relief may be awarded, and this does not result in imprisonment.

Anyone can get charged with RICO

    • So, if otherwise upstanding citizens who work for legitimate businesses commit acts of bribery and corruption, this can lead to a RICO charge.
    • A few years later, in 1994, the Supreme Court unanimously ruled that abortion clinics could use the federal RICO law to sue anti-abortion protesters who conspired to shut them down.
    • In 1997, the federal government charged a Texas sheriff with RICO after he accepted money from a federal prisoner in exchange for conjugal visits with the prisoner’s wife or girlfriend.
    • Over the past few decades, many business leaders, politicians and other government officials have been convicted of state and local RICO offenses for various crimes.

Georgia courts are on board

    • Georgia courts agree with the Supreme Court that their state RICO law requires no allegation or proof of “nexus with organized crime.” A range of people in Georgia have been hit with RICO charges.
    • In 2005, Georgia prosecutors charged a former DeKalb County sheriff named Sidney Dorsey with killing his successor, as well as racketeering and other crimes.
    • Truck stop owners and operators accused of doctoring the prices and fuel quality labels on gas pumps have also been prosecuted.

Sexual offence trials have improved, but there is more to be done: new research

Retrieved on: 
Thursday, August 31, 2023

This included the unacceptable treatment of victim-survivors when giving evidence that was characteristic of rape trials.

Key Points: 
  • This included the unacceptable treatment of victim-survivors when giving evidence that was characteristic of rape trials.
  • In 2023, on paper, the laws governing offence definitions, evidence rules and trial procedure are very different from those that operated in the 1970s.
  • In sharing our main findings here, we want to acknowledge the complainants in the sexual offence trials examined in this report.

The study


    We examined more than 30,000 pages of transcripts from 75 sexual offence trials finalised in the District Court of NSW between 2014 and 2020. Our primary aim was to assess the adequacy of existing arrangements for meeting the legitimate needs and expectations of complainants. Our findings can roughly be divided into two categories: aspects of trials that have changed for the better, and those that have not (yet) been reformed.

Improvements

    • We found that procedural reforms designed to improve complainant experience in sexual offence trials were generally operating as intended.
    • This included arrangements such as allowing complainants to give evidence via CCTV from a remote location.
    • Read more:
      Four in ten Australians think women lie about being victims of sexual assault

Trial features that persist

    • Importantly, this wasn’t just a result of how defence lawyers cross-examined the complainant – the prosecution case was also often built on the foundation of one or more “real rape” attributes.
    • The defence often played the other side of the “real rape” coin, highlighting the absence of features traditionally associated with a “genuine” allegation.
    • These included distressing matters such as the complainant’s history of mental illness, substance use, criminal convictions or having had children removed from their care.

Further reforms


    Much has changed in terms of how complainants are questioned in sexual offence trials, but there is more still to do. Our report for the NSW Bureau of Crime Statistics and Research identified a number of further reforms that warrant consideration. These include:
    These measures could contribute to the long overdue removal from sexual offence trials of rape myths and stereotypes and unfair scrutiny of complainants. Julia Quilter receives funding from the NSW Department of Communities and Justice and the Australian Research Council .

Premier BSA/AML Gaming Conference Set to Launch in Two Weeks in Las Vegas

Retrieved on: 
Tuesday, August 29, 2023

LAS VEGAS, Aug. 29, 2023 /PRNewswire/ -- The Annual BSA/AML Gaming Conference is scheduled to begin on Tuesday, September 12th, at Caesars Palace in Las Vegas Nevada.

Key Points: 
  • LAS VEGAS, Aug. 29, 2023 /PRNewswire/ -- The Annual BSA/AML Gaming Conference is scheduled to begin on Tuesday, September 12th, at Caesars Palace in Las Vegas Nevada.
  • This event, organized and hosted by the BSA-AML Compliance Group, is the premier anti-money laundering compliance conference for the gaming industry, featuring over a dozen government officials and other experts in gaming, sanctions, anti-money laundering, and compliance.
  • The Main Conference will open on Tuesday morning with a Welcome Address from Dr. Brittnie Watkins of the Nevada Gaming Control Board.
  • The Control Board oversees Nevada's gaming industry, and protects the stability and integrity of the gaming industry through investigations, licensing, and enforcement of laws and regulations.

Rancho Cucamonga Family Law Attorney Douglas Borthwick Receives Highest Rating of Distinction for Professional Achievement and Ethics

Retrieved on: 
Monday, August 28, 2023

RIVERSIDE, Calif., Aug. 28, 2023 /PRNewswire/ -- Trust Analytica recognizes attorney Douglas Borthwick as a Top 10 Divorce Attorney in Rancho Cucamonga.

Key Points: 
  • RIVERSIDE, Calif., Aug. 28, 2023 /PRNewswire/ -- Trust Analytica recognizes attorney Douglas Borthwick as a Top 10 Divorce Attorney in Rancho Cucamonga.
  • Attorney Borthwick is also AV® rated, the highest possible attorney peer review rating in both legal ability and ethical standards.
  • Attorney Douglas Borthwick has further achieved a "SUPERB" Rating from Avvo, the highest evaluation given by the nationally acclaimed attorney rating agency.
  • Douglas Borthwick's experience includes, but is not exclusive of, the following areas: Family law, criminal law, and general civil litigation practice.

Human Rights in Practice: UN Human Rights Committee rapporteur calls out Spain’s striking failure to implement Garzón v Spain decision

Retrieved on: 
Wednesday, August 23, 2023

LONDON, Aug. 23, 2023 (GLOBE NEWSWIRE) -- The Follow Up mechanism of the United Nations Human Rights Committee (UNHRC) has issued a report concluding that Spain has failed to implement the Committee's decision in the case of Garzón v. Spain.

Key Points: 
  • LONDON, Aug. 23, 2023 (GLOBE NEWSWIRE) -- The Follow Up mechanism of the United Nations Human Rights Committee (UNHRC) has issued a report concluding that Spain has failed to implement the Committee's decision in the case of Garzón v. Spain.
  • The report, which was sent to Helen Duffy of Human Rights in Practice as international legal representative of Baltasar Garzón on 15 August, concerns the implementation of the ground breaking decision of 25 August 2021.
  • Two years on, Spain has shown blatant disregard for the authority of the UN Human Rights Committee and its binding international obligations under the International Covenant on Civil and Political Rights.
  • Baltasar Garzón has repeatedly requested sought to engage the Government to secure compliance with the decision, directly and through the UNHRC monitoring mechanism.

Trump indictment: Here's how prosecutors will try to prove he knowingly lied and intended to break the law

Retrieved on: 
Thursday, August 3, 2023

In a fourth count, Trump is charged with obstructing, or attempting to obstruct, an official proceeding of Congress.

Key Points: 
  • In a fourth count, Trump is charged with obstructing, or attempting to obstruct, an official proceeding of Congress.
  • Criminal intent
    U.S. criminal law requires that the accused not just engage in an act, but to engage in that act with a guilty mindset.
  • In other words, it is not enough to do something; the accused has to intend to do the thing to merit this charge.
  • With respect to the allegations lodged against Trump, the government must prove that Trump knowingly lied and intended to break the law.

Donald Trump's victim rhetoric will boost his popularity following latest indictment

Retrieved on: 
Wednesday, August 2, 2023

Peaceful transfers of power between different political parties, or even ruling families or authoritarian regimes, are also exceptional.

Key Points: 
  • Peaceful transfers of power between different political parties, or even ruling families or authoritarian regimes, are also exceptional.
  • Trump’s rhetoric and communication tactics in his refusal to admit defeat and follow American legal and cultural norms are tools in an ongoing attempt to end the American democratic experiment.
  • Read more:
    The most serious Trump indictment yet – a criminal law scholar explains the charges of using ‘dishonesty, fraud and deceit’ to cling to power

Support to increase?

    • He has struggled since leaving office, especially after he initially lost his Twitter account, to command the attention of the news media.
    • These trials will be a spectacle and Trump will be at centre stage.
    • The combination of attention and repetition is a dynamic and effective mechanism for political persuasion, and so the indictments and trials will fuel Trump’s re-election campaign.

Heroes and villains

    • Trump also communicates in overly simplistic and puerile narratives, constantly using ad hominem attacks, to map a world in which there are heroes and villains and dramatic tensions between so-called forces of good and forces of evil.
    • The narrative of Trump — and his followers — that he’s the victim of a corrupt liberal elite will be reinvigorated.
    • Of course, that narrative also drives media attention, and we will all be sucked into the competing narratives around the trial.

What lies ahead

    • It’s unlikely that detailed, careful legal arguments will speak to or persuade Trump’s base.
    • We have already seen Trump’s willingness to leverage this faith for violent ends.
    • They were also aimed at allowing citizens to live peacefully together without resorting to violence as the means for co-ordinating action.

The allure of rhetoric

    • Tribalism, the cult of personality, fervour and hyperbole are intentional components of authoritarian rhetoric.
    • It’s been a common tool over the course of human history; rhetoric has precipitated violence and citizens often succumb to its allure.

Premier BSA/AML Gaming Conference Announced for September 2023

Retrieved on: 
Wednesday, August 2, 2023

The annual BSA/AML Gaming Conference is the largest and most comprehensive anti-money laundering compliance conference dedicated to the gaming industry and will take place at Caesars Palace Las Vegas, September 12-14.

Key Points: 
  • The annual BSA/AML Gaming Conference is the largest and most comprehensive anti-money laundering compliance conference dedicated to the gaming industry and will take place at Caesars Palace Las Vegas, September 12-14.
  • Last year's conference was an amazing success, with more than 460 attendees from more than 35 states and over 160 gaming entities.
  • The conference agenda will include topics such as Artificial Intelligence; BSA/AML enforcement; IRS examinations; E-Sports and the Future of Gaming; the Intersection of Responsible Gaming and Anti-Money Laundering; and much more.
  • To register for the conference, please visit https://bsaamlgamingconference.com
    Sponsorship opportunities for the conference are available; please message [email protected] .

The most serious Trump indictment yet – a criminal law scholar explains the charges of using ‘dishonesty, fraud and deceit’ to cling to power

Retrieved on: 
Wednesday, August 2, 2023

The charges are groundbreaking and not just because a former president is facing multiple criminal charges.

Key Points: 
  • The charges are groundbreaking and not just because a former president is facing multiple criminal charges.
  • The indictment charges that all of Trump’s many claims of election irregularities “were false, and the Defendant knew that they were false.” I am a scholar of criminal law and procedure.
  • While Trump is facing multiple other charges, this indictment contains the most serious charges he has faced thus far.
  • This indictment, by contrast, alleges that Trump knowingly worked to hold on to an office he knew he was not entitled to.

Breaking down the charges

    • Trump allegedly did this, for example, by asking legislative leaders to call the legislature back into session and approve a resolution that Trump, not Joe Biden, had won.
    • But all state legislatures certified the election results by December 2020.
    • Third, Trump and his allies allegedly attempted to have Justice Department officials communicate with states whose electoral votes Trump wanted.

Ties to Jan. 6

    • And finally, the indictment accuses Trump of being responsible for some of the violence on Jan. 6, 2021, and exploiting the riot at the Capitol by urging members of Congress to delay the electoral vote count proceedings that day.
    • So, even though Trump is the only person named and indicted in this case, a wide range of evidence from others’ actions will be available against him.

Potential time served

    • The indictment’s first count, conspiracy to defraud the U.S., has a five-year maximum sentence.
    • Counts 2 and 3, obstruction of an official proceeding and conspiracy to obstruct an official proceeding, carry 20-year maximum sentences.
    • The issue came up in the 1970s, but was rendered moot when President Gerald Ford pardoned former President Richard Nixon.
    • This case places Trump in a much deeper kind of new legal trouble, and the U.S. in a murky, unexplored political and legal landscape.

Trump facing multiple criminal charges, investigations: 38 articles explain what you need to know

Retrieved on: 
Monday, July 31, 2023

There are four criminal cases that have been made public.

Key Points: 
  • There are four criminal cases that have been made public.
  • To help you make sense of it all, here is a list of articles about each of those cases.

    Prosecuting an ex-president

        New York state’s charges of business records falsification

            Department of Justice charges for hoarding classified documents

                Department of Justice investigating Jan. 6 Capitol attacks

                    George state investigation into 2020 election interference