2010: the year of institutionalized theft
Posted by admin on December 19th, 2009
For the past year of dealing with my lender for a loan modification on my home, too often I wake up with bizarre questions (and equally bizarre images in my mind). Today’s question: What falls under the FBI’s definition of organized crime. Of course I am thinking of the white collar criminals running free in America.
And here are the relevant definitions:
Criminal Enterprise: The FBI defines a criminal enterprise as a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity. These organizations often engage in multiple criminal activities and have extensive supporting networks. The terms Organized Crime and Criminal Enterprise are similar and often used synonymously. However, various federal criminal statutes specifically define the elements of an enterprise that need to be proven in order to convict individuals or groups of individuals under those statutes.
The Racketeer Influenced and Corrupt Organizations (RICO) statute, or Title 18 of the United States Code, Section 1961(4), defines an enterprise as “any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.”
The Continuing Criminal Enterprise statute, or Title 21 of the United States Code, Section 848(c)(2), defines a criminal enterprise as any group of six or more people, where one of the six occupies a position of organizer, a supervisory position, or any other position of management with respect to the other five, and which generates substantial income or resources, and is engaged in a continuing series of violations of subchapters I and II of Chapter 13 of Title 21 of the United States Code.
Ethics for Executives In the event you are a top level executive with questionable ethics who stumbled across this site, here is a link to a selection of books that we highly recommend you read. Apparently ethics courses are not mandatory in today’s business colleges . . . that is apparent, don’t you think? |
Organized Crime: The FBI defines organized crime as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities. Such groups maintain their position through the use of actual or threatened violence, corrupt public officials, graft, or extortion, and generally have a significant impact on the people in their locales, region, or the country as a whole.
Once we get beyond giving free rides to those with advanced degrees, you will see many more white collar criminals in their proper place . . . which will be in jail right alongside Mr. Madoff. “Robbery” is included under state crimes. The illegal and/or lost paperwork locking you into your mortgage should come under “Robbery.”
Excerpted from The Sovereign Society2010: The Year of Institutionalized Theft
Balancing State & Local Budgets
With the Frightening Power of Civil Forfeiture
By Mark NestmannWhile the talking heads on television declare the recession over, state and local governments face record deficits and a shortage of viable solutions.
Arizona’s state budget, for example, represents more than 50% of anticipated 2010 revenues. And while Arizona faces perhaps the largest per-capita budget shortfall in the United States, many other states have a similar funding crisis.
Unfortunately, there are very few politically expedient ways to stem the flow of red ink. Raising taxes is not only politically unpopular, but threatens to further depress state and local economies. Cutting benefits is even less popular.
On the other hand, confiscating the “proceeds of crime” has a near-universal appeal. And using “civil forfeiture” statutes in effect in all 50 states, police have pursued this tactic aggressively.
Civil forfeiture is a legal procedure in which prosecutors can seize your property without accusing you – much less convicting you – of any crime.
Most federal civil forfeitures require the government to at least demonstrate probable cause that your property is somehow connected to a crime to confiscate it. But the federal rules don’t generally extend to state and local governments. In many states, the government can simply seize your property and wait months before allowing you to contest the forfeiture.
While The Soverign Society considers seizing your property as a bad thing, I can see cases where it might be a good thing and a means to get back that which has been stolen from taxpayers.
If you are a good and hardworking citizen, this is a nightmare and should not happen to you. However, if you are one of those questionable citizens who came to your wealth by cheating others . . . which is commonplace these days . . . well, one can only hope they seize everything you have just as you have done to others.