➊ White Collar Crime Vs Street Crime
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Belfort soon became aware that not only was the SEC investigating him, but the FBI was also investigating him under suspicion of money laundering. Belfort then realized that many people from his inner circle were working against him and giving information to the FBI. This chain of events further increased his drug use. Police were called to his house after he reportedly kicked his wife down the stairs and then drove the car through the garage with his children inside the vehicle. Belfort was arrested, spent a few weeks in rehab, and returned home; however, a few months later, the FBI arrested him for money laundering and securities fraud.
He ultimately chose to cooperate with authorities and inform on his colleagues. The prison term was reduced to just under two years. Belfort was released from prison in , and The Wolf of Wall Street was released just two years later. The following year, his sequel Catching the Wolf of Wall Street was published. Belfort now lives in Los Angeles, California where he works as a motivational speaker and owns his own sales training company focusing on teaching people business strategies- legally.
To contain illegal collusion and profiteering through racketeering, the U. The law permits enforcement agencies to charge individuals or groups involved in various acts of racketeering. Individuals guilty of committing RICO crimes may be prosecuted and, if found guilty, can face a year prison sentence or more for serious crimes. Fines and other penalties may also apply.
Corporations may also engage in racketeering. For instance, a drug manufacturer may bribe doctors to overprescribe a medicine, thus committing fraud in order to boost their profits. Predatory lending may also be deemed a form of racketeering. This happens when a lender tricks a borrower into taking a loan that deliberately ignores or actively hinders their ability to repay it. An official personal loan is always safer than anything a loan shark may offer you even if you have bad credit. The case relates to long-running litigation by State Farm customers who alleged that they were given generic, substandard car parts instead of original equipment for more than a decade. Singer R. Kelly was found guilty of racketeering and sex trafficking on September 27, According to the DOJ, in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt that:.
Government prosecutors primarily used the Act to target organized crime and criminal organizations when it was enacted. Before the law was in place, prosecutors were forced to try mob-related racketeering crimes individually, even though a large number of individuals may have been involved in the commission of a crime. RICO allows law enforcement officials to file cases against an entire racket.
The law allows prosecutors to seize the assets of an indicted party, thereby preventing the transfer of funds and property through shell companies. Providing more tools to law enforcement agencies to combat racketeering, the law allows prosecutors to charge organizations or individuals for up to 20 years of ongoing criminal activity for each count of racketeering. The law also allows prosecutors to charge organization leaders for crimes that they ordered others to commit.
Prosecutors can charge someone through RICO if they commit at least two acts of racketeering activity, one of which occurred after RICO became law and the last of which occurred within 10 years after the prior act. Federal crimes lead to prosecution at both the federal and the state levels. In some cases, international law enforcement may also participate. State crimes violate the laws of a particular state and are investigated by local, state, or county police. Kidnapping, robbery, and assault are considered state crimes, provided they occur within the boundaries of a particular state.
Sentences for federal crimes are generally longer and harsher than those imposed for state crimes. The Department of Justice reported an indictment against 40 people in the largest federal racketeering case in South Carolina in December According to a press release, charges were filed against gang members who took part in a criminal enterprise. South Carolina Department of Corrections inmates used cell phones obtained as contraband to plan murders, kidnappings, the distribution of firearms, and a global drug ring. In June , counties in Kansas and Missouri filed federal racketeering cases against more than a dozen opioid painkiller manufacturers. They were accused of misleading marketing and distributing painkillers under deceptive pretenses. The prosecution alleged that the companies misrepresented addiction dangers for the benefit of their own profits.
Officials and corporate executives from FIFA were indicted in for racketeering conspiracy and corruption charges that involved bribes and kickbacks paid to secure profitable media and marketing rights to international soccer tournaments. The gang used violence and intimidation to control a housing project in South Los Angeles. The RICO trial determined that the enterprise engaged in drug dealing, firearms trafficking, murder, witness intimidation, and armed robbery to control and terrorize the housing projects. Two former Baltimore police officers pleaded guilty to federal racketeering charges in July Along with several other members of Baltimore's Gun Trace Task Force, they were accused of scheming to steal money, property, and narcotics by way of detaining individuals, entering residences, conducting traffic stops, and swearing out false search warrant affidavits.
In June , Cornel Dawson, the leader of a violent street gang called Black Souls, received multiple life sentences in a racketeering case. Five more gang members received similar sentences. The gang was found guilty of illegally controlling a six-block section of Chicago. The racketeering conviction included four murders committed and involvement in drug deals. Racketeering can take many forms. Murder, money laundering, financial and economic crimes, kidnapping, sexual exploitation of children, bribery, robbery, cyber extortion, and drug crimes are examples of racketeering.
The law gives law enforcement and prosecutors the tools they need in order to effectively fight organized crime. Federal and state prosecutors must prove beyond a reasonable doubt the extent of any crimes committed and the involvement of those involved in order to apply them to the RICO Act when charges are filed. Anyone convicted for RICO crimes receives a prison sentence of 20 years or more if they commit more serious crimes. Fines and penalties may also apply. It allows prosecutors to effectively target criminal enterprises and organizations as well as the leaders of these groups even if they had other individuals commit the actual crimes. The United States Department of Justice.
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