Fast Company iPad edition promotion


FC Member Blog

Organized Protection Scams

BY Daniel Wannamaker | 02-24-2009 | 3:07 PM
This blog is written by a member of our blogging community and expresses that member's views alone.
It's complicated and costly and affects more people than you would think possible.

While we don't really hear this word too often, other than on TV
crime shows, racketeering is alive and well in the U.S. It's
complicated and costly and affects more people than you would think
possible.

Being charged with racketeering is not a cut and dried moment. There
is no instant guilt, instant confession or the instant resolution to a
case. It goes much deeper than that, and this is why many people don't
"get" what racketeering is all about.

The usual definition in legal circles is an organization (group) of
people who are controlled centrally though a hierarchical system, who
knowingly commit criminal activities. Now that covers a lot of ground,
but you get the idea; and if you are thinking of examples, then the
word Mafia might come to mind.

Is there any counter measure that combats and prosecutes
racketeering? Yes, RICO, which sounds like the name of an Italian
waiter. RICO, in fact, stands for the Racketeer Influenced and Corrupt
Organizations Act. It was passed in 1961 and its main raison d'etre is
to break up organized crime and that includes things like gambling
schemes, theft rings operating under the guise of a legitimate
business, prostitution rings, and protection scams. While these
particular crimes are of some concern, the larger problem is pension
scams.

Pension funds run into the billions these days and what juicy
pickings they are for organized crime. The unions started to get bigger
than their britches at the beginning of the 20th century and they
mushroomed from there into organizations with hundreds of members who
socked money away into retirement funds. Nice money if you can get your
hands on it, and many of the pension management contracts did go to
Mafia interests. You are likely able to connect the dots here.

RICO's role changed in 2001 and it prosecutes to the max many other
things including issues that deal with terrorism – in particular trying
to put a finger in the dyke of money leaking out to fund terrorists.
While RICO's enthusiasm for prosecution is appreciated to a certain
extent, it has sometimes led to convicting innocent people. Criminal
defense attorneys are not all that thrilled with how this set up works,
but are still waiting to see the results over the long-term.

Where will this all end? That's the $64 million dollar question that
seemingly has no answer. Think about this. Where is real justice in a
process that insists in winning at any costs? If you're faced with a
racketeering charge, immediately call a criminal defense attorney, as
it may mean keeping your freedom.

Daniel Wannamaker is a board certified criminal law specialist and
has 24 years of criminal trial experience with proven results as a
Dallas criminal defense lawyer practicing in Austin criminal defense
and Houston Texas. To learn more about Dallas criminal defense lawyer, Houston criminal defense lawyer, Austin criminal defense lawyer, visit Wannamakerlaw.com.