Rather than compose my own dissertation regarding the potential
applicability of RICO to some of the matters we have previously
discussed, allow me to post a recent Third Circuit opinion which
serves well as an overview of such actions. It is complete with
relevant citations, hence ought serve well as a something of a
RICO primer.
It seems well suited for those actions in which a pattern of
criminal activity may be demonstrated to exist, particularly
where pecuniary motive is established, and some measure of
interstate activity takes place. Out-of-state placement of
children may be one such activity providing this criteria. An
expert witness traveling interstate in order to render fraudulent
testimony, presumably having engaged in interstate communications
toward this end, may also be sufficient to meet the requirement.
I'm still investigating whether fraudulent intra-state mailings
or telephone communications may be sufficient to satisfy the
requirements. Mind you, this is all preliminary.
--- FMail/386 1.0g
(1:2629/124)
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* Origin: Parens patriae Resource Center for Parents 540-896-4356
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