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200-478: The Racketeer Influenced and Corrupt Organizations ( RICO ) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization . RICO was enacted by Title IX of the Organized Crime Control Act of 1970 ( Pub. L. 91–452 , 84 Stat. 922 , enacted October 15, 1970 ), and
400-470: A boss , an underboss , capos , and soldiers —all only of full-blooded Italian origin—while associates could come from any background. All inducted members of the Mafia are called "made" men . This signifies that they are untouchable in the criminal underworld and any harm brought to them will be met with retaliation. With the exception of associates, all mobsters within the Mafia are "made" official members of
600-610: A capo in the Colombo family, had been recruited by the FBI to help find the bodies of three civil rights workers who had been murdered in Mississippi in 1964 by the Ku Klux Klan. She said that she had been with Scarpa in Mississippi at the time and had witnessed him being given a gun, and later a cash payment, by FBI agents. She testified that Scarpa had threatened a Klansman by placing a gun in
800-434: A code of silence that forbade its members from cooperating with the police ( Omertà ). Failure to follow any of these rules was punishable by death. The rise of power that the Mafia acquired during prohibition would continue long after alcohol was made legal again. Criminal empires which had expanded on bootleg money would find other avenues to continue making large sums of money. When alcohol ceased to be prohibited in 1933,
1000-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
1200-404: A made man in the mob were closed, and were not reopened until 1976. Local and state law enforcement became suspicious when numerous expensive cars bearing license plates from around the country arrived in what was described as "the sleepy hamlet of Apalachin". After setting up roadblocks, the police raided the meeting, causing many of the participants to flee into the woods and area surrounding
1400-542: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
1600-524: A New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so. ( Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges, though Natale was mostly a "front" boss while the real boss of the Philadelphia Mafia used Natale as a diversion for authorities.) In the 21st century, the Mafia has continued to be involved in
1800-820: A RICO indictment." John Gotti and Frank Locascio were convicted on April 2, 1992, under the RICO Act and later sentenced to life in prison. After the 1998 simultaneous bombings of the US Embassies in Tanzania and Kenya, the US Department of Justice sued Osama bin Laden in absentia under the RICO statute. A 2004 documentary by BBC filmmaker Adam Curtis called The Power of Nightmares argued controversially that in order to prosecute bin Laden in absentia, U.S. prosecutors had to prove that he
2000-706: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." Italian-American Mafia The American Mafia , commonly referred to in North America as the Italian-American Mafia , the Mafia , or the Mob , is a highly organized Italian-American criminal society and organized crime group. The terms Italian Mafia and Italian Mob apply to these US-based organizations, as well as
2200-453: A broad spectrum of illegal activities. These include murder, extortion, corruption of public officials, gambling, infiltration of legitimate businesses, labor racketeering, loan sharking, tax fraud schemes and stock manipulation schemes. Although the Mafia used to be nationwide, today most of its activities are confined to the Northeast and Chicago. While other criminal organizations such as
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#17328455040042400-460: A carefully worded plea, Drexel said it was "not in a position to dispute the allegations" made by the Government. If Drexel had been indicted under RICO statutes, it would have had to post a performance bond of up to $ 1 billion to avoid having its assets frozen. That would have taken precedence over all of the firm's other obligations, including the loans that provided 96 percent of its capital base. If
2600-559: A civil RICO case naming 30 defendants who were also implicated in the Iran-Contra scandal that they were also part of a conspiracy behind the La Penca bombing . The suit, titled Avirgan v Hull named several Central Intelligence Agency figures and accused them of participating in illegal political assassinations, as well as arms and drug trafficking. The suit was eventually dismissed in 1989, and lead attorney Daniel Sheehan alleged members of
2800-595: A client hide their assets in a bankruptcy case. United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by
3000-424: A counterfeiting and laundering operation. The FBI began to investigate the group using RICO following the assassination of Jewish radio host Alan Berg on June 18, 1984, and the arrest of member Tom Martinez, for using counterfeit bills to buy liquor. Martinez informed on The Order and RICO was used by the FBI to bring 10 members of The Order to trial and achieved conviction of racketeering and conspiracy charges. Over
3200-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
3400-435: A crime family. The three highest positions make up the administration. Below the administration, there are factions each headed by a caporegime (captain), who leads a crew of soldiers and associates. They report to the administration and can be seen as equivalent to managers in a business. When a boss makes a decision, he rarely issues orders directly to workers who would carry it out but instead passes instructions down through
3600-700: A famous cutting horse . Cauble was convicted in January 1982 on ten counts: two counts of violating the Racketeer Influenced and Corrupt Organizations Act statute (RICO), conspiracy to violate RICO, three violations of the Interstate Commerce Travel Act , and four counts of misapplication of bank funds. He was sentenced to ten concurrent terms of five years. He completed his prison term, was released in September 1987, and died in 2003. Three books about
3800-566: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
4000-585: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
4200-520: A later deputy chief of the criminal division for the Southern District of New York and later managing director in the legal department at Goldman Sachs . Time magazine called the "Case of Cases" possibly "the most significant assault on the infrastructure of organized crime since the high command of the Chicago Mafia was swept away in 1943" and quoted Giuliani's stated intention: "Our approach
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#17328455040044400-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
4600-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
4800-429: A list of 35 crimes (27 federal crimes and eight state crimes ) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise." Those found guilty of racketeering can be fined up to $ 25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through
5000-447: A man in prison who he feared mob boss, and fellow prisoner, Vito Genovese had ordered to kill him. Valachi and Genovese were both serving sentences for heroin trafficking . On June 22, 1962, using a pipe left near some construction work, Valachi bludgeoned an inmate to death who he had mistaken for Joseph DiPalermo, a Mafia member who he believed had been contracted to kill him. After time with FBI handlers, Valachi came forward with
5200-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
5400-415: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
5600-599: A meeting and arrested major figures from around the country in Apalachin, New York . The event (dubbed the " Apalachin Meeting ") forced the FBI to recognize organized crime as a serious problem in the United States and changed the way law enforcement investigated it. In 1963, Joe Valachi became the first Mafia member to turn state's evidence , and provided detailed information of its inner workings and secrets. More importantly, he revealed
5800-413: A murder is punishable by death. Jewish mobster and Mafia associate Dutch Schultz was reportedly killed by his Italian peers out of fear that he would carry out a plan to kill New York City prosecutor Thomas Dewey and thus bring unprecedented police attention to the Mafia. However, the Mafia has carried out hits on law enforcement, especially in its earlier history. New York police officer Joe Petrosino
6000-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
6200-418: A pattern are called "predicate" offenses. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into
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6400-410: A pattern of "racketeering activity." A US Attorney who indicts someone under RICO has the option of seeking a pre-trial restraining order or an injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property as well as to require the defendant to put up a performance bond . An injunction or performance bond ensures that there is something to seize in
6600-627: A significant and powerful presence in other Midwestern metropolitan areas such as Kansas City , Detroit , Milwaukee , Cleveland , and St. Louis . Outside of these areas, the Mafia is also very active in Florida , Phoenix , Las Vegas , and Los Angeles . Mafia families have previously existed to a greater extent and continue to exist to a lesser extent in Northeastern Pennsylvania , Dallas , Denver , New Orleans , Rochester , San Francisco , San Jose , Seattle , and Tampa . While some of
6800-625: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
7000-434: A story of Genovese giving him a kiss on the cheek, which he took as a " kiss of death ". A $ 100,000 bounty for Valachi's death had been placed by Genovese. Soon after, Valachi decided to cooperate with the U.S. Justice Department . In October 1963, Valachi testified before Arkansas Senator John L. McClellan 's Permanent Subcommittee on Investigations of the U.S. Senate Committee on Government Operations , known as
7200-522: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
7400-465: A way to escape the poor lifestyle, some Italian immigrants chose to join the American Mafia. The Mafia took advantage of prohibition and began selling illegal alcohol. The profits from bootlegging far exceeded the traditional crimes of protection, extortion, gambling, and prostitution. Prohibition allowed Mafia families to make fortunes. As prohibition continued, victorious factions went on to dominate organized crime in their respective cities, setting up
7600-603: A welding supply company, and oil and gas holdings. The company's worth was estimated at $ 80 million. However, the government sold their interest back to the other partners (Cauble's wife and son) for an estimated $ 12 million. In 1979, the United States Federal Government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells Angels using RICO. In United States vs. Barger ,
7800-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
8000-560: A woman, the feminine-form adjective mafiusa means "beautiful" or "attractive". In North America, the Italian-American Mafia may be colloquially referred to as simply "The Mafia" or "The Mob"; however, without context, these two terms may cause confusion as "The Mafia" may also refer to the Sicilian Mafia specifically or Italian organized crime in general, while "The Mob" can refer to other similar organized crime groups (such as
8200-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
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8400-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
8600-513: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
8800-552: Is codified at 18 U.S.C. ch. 96 as 18 U.S.C. §§ 1961 – 1968 . This article primarily covers the federal criminal statute, but since 1972, 33 U.S. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. G. Robert Blakey , an adviser to the United States Senate Government Operations Committee , drafted
9000-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
9200-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
9400-464: Is the head of a criminal organization responsible for the bombings. They find a former associate of bin Laden, Jamal al-Fadl, and pay him to testify that bin Laden is the head of a massive terrorist organization called " al-Qaeda ," which satisfied the requirements of the RICO statute, but that in actuality, a formal terrorist organization named "Al Qaeda" did not exist. In 1999 the Rampart scandal broke in
9600-456: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
9800-554: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
10000-472: Is to wipe out the five families." Three heads of the Five Families were sentenced to 100 years in prison on January 13, 1987. The Genovese and Colombo leaders, Tony Salerno and Carmine Persico received additional sentences in separate trials, with 70-year and 39-year sentences to run consecutively. The Gambino crime family boss Paul Castellano and his underboss , Thomas Bilotti , were murdered on
10200-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
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#173284550400410400-610: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
10600-448: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
10800-476: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
11000-593: The Five Families : the Gambino , Lucchese , Genovese , Bonanno , and Colombo families. The Italian-American Mafia has long dominated organized crime in the United States. Each crime family has its own territory and operates independently, while nationwide coordination is overseen by the Commission , which consists of the bosses of each of the strongest families. Though the majority of the Mafia's activities are contained to
11200-734: The Five Points Gang , founded by Paul Kelly , were very powerful in the Little Italy of the Lower East Side. Kelly recruited some street hoodlums who later became some of the most famous crime bosses of the century - such as Johnny Torrio , Al Capone , Lucky Luciano and Frankie Yale . They were often in conflict with the Jewish Eastmans of the same area. There was also an influential Mafia family in East Harlem. The Neapolitan Camorra
11400-457: The Irish Mob ) or organized crime in general. The first published account of what became the Mafia in the United States dates to the spring of 1869. The New Orleans Times reported that the city's Second District had become overrun by "well-known and notorious Sicilian murderers, counterfeiters and burglars, who, in the last month, have formed a sort of general co-partnership or stock company for
11600-477: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
11800-583: The Lucchese crime family participated in a point shaving scandal involving the Boston College basketball team . Rick Kuhn, Henry Hill , and others associated with the Lucchese crime family, manipulated the results of the games during the 1978–1979 basketball season. Through bribing and intimidating several members of the team, they ensured their bets on the point spread of each game would go in their favor. One of
12000-519: The National Crime Syndicate and brought in an era of peace and prosperity for the American Mafia. By mid-century, there were 26 official Commission-sanctioned Mafia crime families, each based in a different city (except for the Five Families which were all based in New York). Each family operated independently from the others and generally had exclusive territory it controlled. As opposed to
12200-544: The North Side Gang , another Irish American outfit. In New York City, by the end of the 1920s, two factions of organized crime had emerged to fight for control of the criminal underworld — one led by Joe Masseria and the other by Salvatore Maranzano . This caused the Castellammarese War , which led to Masseria's murder in 1931. Maranzano then divided New York City into five families . Maranzano,
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#173284550400412400-547: The Racketeer Influenced and Corrupt Organizations Act . On July 1, 1985, the original nine men, with the addition of two more New York Mafia leaders, pleaded not guilty to a second set of racketeering charges as part of the trial. Prosecutors aimed to strike at all the crime families at once using their involvement in the Commission. On December 2, 1985, Gambino family underboss Neil Dellacroce died of cancer. Gambino boss and de facto commission head Paul Castellano
12600-616: The Rizzuto crime family and Cotroni crime family , and the Luppino crime family and Papalia crime family , respectively. U.S. Naval Intelligence entered into an agreement with Lucky Luciano to gain his assistance in keeping the New York waterfront free from saboteurs after the destruction of the SS Normandie . This spectacular disaster convinced both sides to talk seriously about protecting
12800-542: The Russian Mafia , Chinese Triads , Mexican drug cartels and others have all grabbed a share of criminal activities, the Mafia continues to be the dominant criminal organization in these regions, partly due to its strict hierarchical structure. Law enforcement is concerned with the possible resurgence of the Mafia as it regroups from the turmoil of the 1990s, although FBI and local law enforcement agencies now focus more on homeland security and less on organized crime since
13000-474: The Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in
13200-482: The September 11 attacks . To avoid FBI attention and prosecution, the modern Mafia also outsources much of its work to other criminal groups, such as motorcycle gangs. The American Mafia operates on a strict hierarchical structure. While similar to its Sicilian origins, the American Mafia's modern organizational structure was created by Salvatore Maranzano in 1931. He created the Five Families , each of which would have
13400-535: The Teamsters ' pension fund, a union they effectively controlled, and used legitimate front men to build casinos. When money came into the counting room , hired men skimmed cash before it was recorded, then delivered it to their respective bosses. This money went unrecorded, but the amount is estimated to be in the hundreds of millions of dollars. Operating in the shadows, the Mafia faced little opposition from law enforcement. Local law enforcement agencies did not have
13600-724: The US Department of Justice 's Operation Family Secrets indicted 14 Chicago Outfit (also known as the Outfit, the Chicago Mafia, the Chicago Mob, or the Organization) members and associates under RICO predicates. Five defendants were convicted of RICO violations and other crimes. Six pleaded guilty, two died before trial, and one was too sick to be tried. In 2005, a federal jury ordered Fasano to pay $ 500,000 under RICO for illegally helping
13800-504: The Valachi hearings , stating that the Italian-American Mafia actually existed, the first time a member had acknowledged its existence in public. Valachi's testimony was the first major violation of omertà , breaking his blood oath . He was the first member of the Italian-American Mafia to acknowledge its existence publicly, and is credited with popularization of the term cosa nostra . Although Valachi's disclosures never led directly to
14000-411: The chain of command . This way, the higher levels of the organization are insulated from law enforcement attention if the lower level members who actually commit the crime should be captured or investigated, providing plausible deniability . There are occasionally other positions in the family leadership. Frequently, ruling panels have been set up when a boss goes to jail to divide the responsibility of
14200-533: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
14400-447: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
14600-498: The "Kefauver Hearings"), televised nationwide, captured the attention of the American people and forced the FBI to recognize the existence of organized crime. In 1953, the FBI initiated the "Top Hoodlum Program". The purpose of the program was to have agents collect information on the mobsters in their territories and report it regularly to Washington to maintain a centralized collection of intelligence on racketeers. The Apalachin meeting
14800-538: The 1980s. In the 1950s more Mafia-financed casinos were constructed, such as the Stardust , Sahara , Tropicana , Desert Inn , and Riviera . Tourism in the city greatly increased through the 1960s and strengthened the local economy. The 1960s were also when the Mafia's influence in the Las Vegas economy began to dwindle, however. The Nevada State government and Federal government had been working to weaken Mafia activity on
15000-454: The 1980s. Through the RICO law, many in the Mafia were convicted and imprisoned. When the Racketeer Influenced and Corrupt Organizations Act (RICO Act) became federal law in 1970, it became a highly effective tool in prosecuting mobsters. It provides for extended criminal penalties for acts performed as part of an ongoing criminal organization. Violation of the act is punishable by up to 20 years in prison per count, up to $ 25,000 in fines, and
15200-454: The 1990s. On January 9, 2003, Bonanno crime family boss Joseph Massino was arrested and indicted, alongside Salvatore Vitale , Frank Lino and capo Daniel Mongelli, in a comprehensive racketeering indictment. The charges against Massino himself included ordering the 1981 murder of Dominick "Sonny Black" Napolitano . Massino's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading
15400-469: The Barbara estate. More than 60 underworld bosses were detained and indicted following the raid. Twenty of those who attended the meeting were charged with "Conspiring to obstruct justice by lying about the nature of the underworld meeting" and found guilty in January 1959. All were fined, up to $ 10,000 each, and given prison sentences ranging from three to five years. All the convictions were overturned on appeal
15600-461: The Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to
15800-575: The DeCavalcante family, was killed when he was suspected of engaging in homosexual activity. The following is a list of Mafia families that have been active in the U.S. Note that some families have members and associates working in other regions as well. The organization is not limited to these regions. The Bonanno crime family and the Buffalo crime family also had influence in several factions in Canada including
16000-506: The Deputy Chief's office at City Hall. The Order was an American far-right terrorist group active from September 1983 to December 1984. Their intention was to precipitate the collapse of the federal Government or Zionist Occupation Government (ZOG) which they perceived as illegitimate. Their intention was to do so via a campaign of bombings and assassinations. However, in order to fund their actions they turned to armoured car robbery and
16200-573: The Eighteenth Amendment, a half-million dollars in bonded whiskey was stolen from government warehouses. The profits that could be made from selling and distributing alcohol were worth the risk of punishment from the government, which had a difficult time enforcing prohibition. There were over 900,000 cases of liquor shipped to the borders of U.S. cities. Criminal gangs and politicians saw the opportunity to make fortunes and began shipping larger quantities of alcohol to U.S. cities. The majority of
16400-489: The FBI could put mobsters in the United States Federal Witness Protection Program , changing their identities and supporting them financially for life. This led to dozens of mobsters testifying and providing information during the 1990s, which led to the imprisonment of hundreds of other members. As a result, the Mafia has seen a major decline in its power and influence in organized crime since
16600-607: The Iran-Contra enterprise were behind the assassination of judge Robert Vance who was expected to reverse the dismissal. G. Robert Blakey stated it was the best-charged RICO case he had seen, and the litigation spawned a national fundraising effort. In 1990, Bruce Springsteen and Bonnie Raitt held a benefit concert to support the litigation. A 500-page affadaivit filed in December 1986 was also published as "The Shadow Government." On March 29, 1989, American financier Michael Milken
16800-577: The Klansman's mouth, forcing the Klansman to reveal the location of the bodies. Similar stories of Mafia involvement in recovering the bodies had been circulating for years, and had been previously published in the New York Daily News , but had never before been introduced in court. In several Mafia families, killing a state authority is forbidden due to the possibility of extreme police retaliation. In some rare strict cases, conspiring to commit such
17000-562: The Los Angeles Police Department exposing widespread criminal activity within the department's anti-gang unit called CRASH. 70 officers were initially implicated in planting evidence, dealing drugs, bank robbery, and unlawful killings and beatings. In 2000, Federal District judge William Rea ruled the RICO statute could be used to name the entire LAPD as a criminal enterprise for individuals suing it over police brutality and misconduct. Over 140 civil RICO lawsuits were filed against
17200-599: The Mafia diversified its money-making criminal activities to include (both old and new): illegal gambling operations, loan sharking , extortion , protection rackets , drug trafficking, fencing , and labor racketeering through control of labor unions. In the mid-20th century, the Mafia was reputed to have infiltrated many labor unions in the United States, most notably the Teamsters and International Longshoremen's Association . This allowed crime families to make inroads into very profitable legitimate businesses such as construction, demolition, waste management, trucking, and in
17400-569: The Mafia's existence to the law, which enabled the Federal Bureau of Investigation to begin an aggressive assault on the Mafia's National Crime Syndicate. Following Valachi's testimony, the Mafia could no longer operate completely in the shadows. The FBI put a lot more effort and resources into organized crime activities nationwide and created the Organized Crime Strike Force in various cities. While all this created more pressure on
17600-400: The Mafia, it did little, however, to curb its criminal activities. Progress was made by the beginning of the 1980s, when the FBI was able to rid Las Vegas casinos of Mafia control and made a determined effort to loosen the Mafia's stronghold on labor unions. By the late 1970s, the Mafia were involved in many industries, including betting on college sports. Several Mafia members associated with
17800-469: The Mob . He once told Time , "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas." On December 1, 1977, the federal grand jury in the Eastern District of Louisiana indicted thirteen defendants, Robert J. L'Hoste & Company, Inc. for conspiracy and racketeering activity. After
18000-722: The Northeastern United States and Chicago, they continue to dominate organized crime in the United States, despite the increasing numbers of other crime groups. The word mafia ( Italian: [ˈmaːfja] ) derives from the Sicilian adjective mafiusu , which, roughly translated, means "swagger" but can also be translated as "boldness" or " bravado ". In reference to a man, mafiusu ( mafioso in Italian) in 19th-century Sicily signified "fearless", "enterprising", and "proud" according to scholar Diego Gambetta . In reference to
18200-490: The RICO Act against MLB commissioner Bud Selig and former Expos owner Jeffrey Loria , claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move. If found liable, Major League Baseball could have been responsible for up to $ 300 million in punitive damages . The case lasted two years, successfully stalling the Expos' move to Washington or contraction during that time. It
18400-472: The RICO Act, Giuliani charged the heads of New York's so-called " Five Families " with extortion , labor racketeering, and murder for hire . Three Assistant United States Attorneys assisted in the trial: Michael Chertoff , the eventual second United States Secretary of Homeland Security and co-author of the Patriot Act ; John Savarese, later a partner at Wachtell Lipton Rosen & Katz ; and Gil Childers,
18600-892: The Sicilian Mafia, the Camorra of Campania and the 'Ndrangheta of Calabria. The most important unit of the American Mafia is that of a " family ", as the various criminal organizations that make up the Mafia are known. Despite the name of "family" to describe the various units, they are not familial groupings. The Mafia is most active in the Northeastern United States , with the heaviest activity in New York , Philadelphia , Baltimore , New Jersey , Pittsburgh , Buffalo , and New England , in areas such as Boston , Providence , and Hartford . It also remains heavily active in Chicago and has
18800-814: The Southern District of New York employed the RICO Act on September 18, 1979, in United States v. Scotto . Scotto, who was convicted on charges of racketeering, accepting unlawful labor payments, and income tax evasion, headed the International Longshoremen's Association . During the 1980s and the 1990s, federal prosecutors used the law to bring charges against several Mafia figures. In 1985, United States Attorney Rudy Giuliani (who would be indicted under Georgia RICO laws in August 2023) indicted 11 organized crime figures in United States v. Anthony Salerno, et al , also known as Mafia Commission Trial . Using
19000-570: The Strip . In 1969, the Nevada State Legislature passed a law that made it easier for corporations to own casinos. This brought new investors to the local economy to buy casinos from the Mafia. The U.S. Congress passed the RICO Act a year later. This law gave more authority to law enforcement to pursue the Mafia for its illegal activities. There was a sharp decline in mob involvement in Las Vegas in
19200-400: The U.S. imported an estimated $ 1.65 billion worth of heroin through pizzerias , hiding the cargo in various food products. Another one of the areas of the economy that the Mafia was most influential was Las Vegas, Nevada , beginning just after World War II with the opening of the first gambling resort, The Flamingo . Many credit the Mafia with being a big part of the city's development in
19400-798: The U.S. to extort money and resources out of big business, with recent indictments of corruption involving the New Jersey Waterfront Union, the Concrete Workers Union, and the Teamster Union . Restaurants were yet another powerful means by which the Mafia could gain economic power. A large concentration of Mafia-owned restaurants was in New York City. Not only were they the setting of many killings and important meetings, but they were also an effective means of smuggling drugs and other illegal goods. From 1985 to 1987, Sicilian Mafiosi in
19600-660: The US Attorney's office for the Eastern District of Arkansas used the RICO Act on October 2, 1978, to indict officers of Local 1292 of the Laborers International Union of North America. Special Assistant United States Attorney, Samuel A. Perroni, prosecuted the first labor union official trial that began on June 5, 1979. Perroni's successful prosecution used RICO to convict the defendants of conspiracy, murder for hire, perjury and embezzlement of union property in United States v. Allison, et al. The US Attorney's Office in
19800-459: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
20000-509: The United States used the same methods of extortion. Giuseppe Esposito was the first known Mafia member to emigrate to the United States. He and six other Sicilians fled to New York after murdering eleven wealthy landowners, the chancellor and a vice-chancellor of a Sicilian province. He was arrested in New Orleans in 1881 and extradited to Italy. From the 1890s to 1920 in New York City
20200-426: The United States' East Coast on the afternoon of February 9, 1942. While it was in the process of being converted into a troopship, the luxury ocean liner, Normandie , mysteriously burst into flames with 1,500 sailors and civilians on board. All but one escaped, but 128 were injured and by the next day the ship was a smoking hull. In his report, twelve years later, William B. Herlands, Commissioner of Investigation, made
20400-612: The United States, Italy, and Cuba are thought to have attended this meeting. Immediately after the Anastasia murder that October, and after taking control of the Luciano crime family , renamed the Genovese crime family, from Frank Costello , Vito Genovese wanted to legitimize his new power by holding a national Cosa Nostra meeting. As a result of the Apalachin meeting, the membership books to become
20600-484: The acquittal, the outraged citizens of New Orleans organized a lynch mob and proceeded to kill eleven of the nineteen defendants. Two were hanged, nine were shot, and the remaining eight escaped. On January 16, 1919, prohibition began in the United States with the 18th Amendment to the United States Constitution making it illegal to manufacture, transport, or sell alcohol . Despite these bans, there
20800-585: The alcohol was imported from Canada, the Caribbean, and the American Midwest where stills manufactured illegal alcohol. In the early 1920s, fascist Benito Mussolini took control of Italy and waves of Italian immigrants fled to the United States. Sicilian Mafia members also fled to the United States, as Mussolini cracked down on Mafia activities in Italy. Most Italian immigrants resided in tenement buildings. As
21000-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
21200-452: The bond ever had to be paid, its shareholders would have been practically wiped out. Since banks will not extend credit to a firm indicted under RICO, an indictment would have likely put Drexel out of business. By at least one estimate, a RICO indictment would have destroyed the firm within a month. Years later, Drexel President and CEO Fred Joseph said that Drexel had no choice but to plead guilty because "a financial institution cannot survive
21400-496: The caravans that delivered the liquor. In the 1920s, Italian Mafia families began waging wars for absolute control over lucrative bootlegging rackets. As the violence erupted, Italians fought Irish and Jewish ethnic gangs for control of bootlegging in their respective territories. In New York City, Frankie Yale waged war with the Irish American White Hand Gang . In Chicago, Al Capone and his family massacred
21600-508: The case for the U.S. government talking to top criminals, stating "The Intelligence authorities were greatly concerned with the problems of sabotage and espionage…Suspicions were rife with respect to the leaking of information about convoy movements. The Normandie , which was being converted to war use as the Navy auxiliary Lafayette , had burned at the pier in the North River, New York City. Sabotage
21800-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
22000-467: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
22200-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
22400-399: The conspiracy and racketeering counts. In May 1979, prosecutor Mark L. Webb, Northern District of California, conducted RICO trial, United States v. Sam Bailey Gang . The successful prosecution used the RICO statute to allege that a gang of postal burglars and a Nevada fence collaborated criminally in an organized crime fashion. The case did not involve a Mafia crime family. Subsequently,
22600-414: The country, the most powerful families continued to dominate crime in their territories, even if the new laws put more mobsters in jail and made it harder to operate. A high-profile RICO case sentenced John Gotti and Frank Locascio to life in prison in 1992, with the help of informant Sammy Gravano in exchange for immunity from prosecution for his crimes. Aside from avoiding long prison stretches,
22800-465: The course of The Order's activities they had distributed millions of dollars to the wider far-right movement and Operation Clean Sweep used RICO to bring 14 leading members of the far-right to trial on charges of seditious conspiracy at Fort Smith , alleging their receipt of The Order's funds as connection to their attempt to overthrow the federal government. In 1986, the Christic Institute filed
23000-456: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
23200-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
23400-465: The death penalty for the murder of Bonanno caporegime Gerlando Sciascia , that case severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. After deliberating for five days, the jury found Massino guilty of all 11 counts on July 30, 2004. His sentencing was initially scheduled for October 12, and he was expected to receive a sentence of life imprisonment with no possibility of parole. The jury also approved
23600-412: The defendant(s) and the enterprise. Either the defendant(s): The US Supreme Court noted that a commentator had used the terms "prize", "instrument", "victim", or "perpetrator" for these four relationships. RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit . The plaintiff must prove the existence of an "enterprise." The defendant(s) are not
23800-430: The defendants moved to dismiss the indictment for overbreadth and vagueness, the grand jury returned a superseding indictment on February 27, 1978, charging the same offenses and naming eleven defendants, including the appellants. The district court denied a motion to dismiss the superseding indictment, and the first RICO trial commenced on March 13, 1978. The jury convicted the four appellants and another corporation on both
24000-529: The department. In July 2001, US District Judge Gary A. Feess said that the plaintiffs did not have standing to sue the LAPD under RICO, because they were alleging personal injuries rather than economic or property damage. In 2001, Major League Baseball team owners voted to eliminate two teams , presumably the Minnesota Twins and Montreal Expos . In 2002, the former minority owners of the Expos filed charges under
24200-405: The effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The US Supreme Court has instructed federal courts to follow the continuity-plus-relationship test in order to determine whether the facts of a specific case give rise to an established pattern. The illegal acts forming
24400-422: The enterprise; in other words, the defendant(s) and the enterprise are not one and the same. A civil RICO action can be filed in state or federal court . Both the criminal and the civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages). Although its primary intent was to deal with organized crime , Blakey said that Congress never intended it merely to apply to
24600-554: The event of a guilty verdict. This provision prevented the owners of Mafia -related shell corporations from absconding with assets. In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney . Despite its harsh provisions, a RICO-related charge is considered easy to prove in court because it focuses on patterns of behavior as opposed to criminal acts. There must be one of four specified relationships between
24800-592: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
25000-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
25200-427: The family (these usually consist of three or five members). This also helps divert police attention from any one member. The family messenger and street boss were positions created by former Genovese family leader Vincent Gigante . The Mafia initiation ritual to become a " made man " in the Mafia emerged from various sources, such as Roman Catholic confraternities and Masonic Lodges in mid-19th century Sicily. At
25400-490: The family structure of each city. The bootlegging industry organized members of these gangs before they were distinguished as today's known families. The new industry required members at all different employment levels, such as bosses, lawyers, truckers, and even members to eliminate competitors through threat/force. Gangs hijacked each other's alcohol shipments, forcing rivals to pay them for "protection" to leave their operations alone, and armed guards almost invariably accompanied
25600-512: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
25800-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
26000-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
26200-401: The first leader of the American Mafia, established the code of conduct for the organization, set up the "family" divisions and structure, and established procedures for resolving disputes. In an unprecedented move, Maranzano set himself up as boss of all bosses and required all families to pay tribute to him. This new role was received negatively, and Maranzano was murdered within six months on
26400-548: The following year. One of the most direct and significant outcomes of the Apalachin Meeting was that it helped to confirm the existence of a nationwide criminal conspiracy, a fact that some, including Federal Bureau of Investigation director J. Edgar Hoover , had long refused to acknowledge. Genovese crime family soldier Joe Valachi was convicted of narcotics violations in 1959 and sentenced to 15 years in prison. Valachi's motivations for becoming an informer had been
26600-593: The future with a threat of repetition. The Lucchese crime family was one of the " Five Families " that dominated organized crime activities in New York City. Prosecuting attorneys Gregory O'Connell and Charles Rose used RICO charges to break up the family over an 18-month period. Several members of the Latin Kings have been convicted of RICO offenses. RICO was instrumental in indicting members of The Cowboy Mafia from Texas, Tennessee and Florida. During 1977 and 1978, this group imported over 106 tons of marijuana. Using
26800-477: The gas station before government officials could make him pay what he owed. Franzese was caught in 1985. Labor racketeering helped the Mafia control many industries from a macroeconomic scale. This tactic helped them grow in power and influence in many cities with big labor unions such as New York, Philadelphia, Chicago, Detroit and many others. Many members of the Mafia were enlisted in unions and even became union executives. The Mafia has controlled unions all over
27000-670: The group were published: The Cowboy Mafia (2003) by Cauble's personal jet pilot Roy Graham; Catching the Katy (2017) by Barker Milford; and A Conspiracy Revealed by DEA agent Daniel Wedeman Sr. As a result of the RICO conviction, Cauble forfeited his 31% interest in Cauble Enterprises, including two Cutter Bill Western World stores, three Texas banks (Western State Bank in Denton, Dallas International Bank and South Main Bank of Houston), six ranches,
27200-513: The initiation ceremony, the inductee would have his finger pricked with a needle by the officiating member; a few drops of blood are spilled on a card bearing the likeness of a saint; the card is set on fire; finally, while the card is passed rapidly from hand to hand to avoid burns, the novice takes an oath of loyalty to the Mafia family. The oath of loyalty to the Mafia Family is called the Omerta. This
27400-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
27600-498: The late 19th century and early 20th century, following waves of Italian immigration especially from Sicily and other regions of Southern Italy . Campanian , Calabrian and other Italian criminal groups in the United States, as well as independent Italian-American criminals, eventually merged with Sicilian Mafiosi to create the modern pan-Italian Mafia in North America. Today, the Italian-American Mafia cooperates in various criminal activities with Italian organized crime groups, such as
27800-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
28000-482: The law under the close supervision of the committee's chairman, Senator John L. McClellan . It was signed into law by US President Richard Nixon . Prosecutors in the 1970s used it to prosecute the Mafia as well as others who were actively engaged in organized crime. In later years, prosecutors have applied the law more broadly. Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from
28200-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
28400-1132: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
28600-406: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
28800-412: The mid-20th century, as millions of dollars in capital flowing into new casino resorts laid the foundation for further economic growth. This capital did not come from one Mafia family alone, but many throughout the country seeking to gain even more power and wealth. Large profits from casinos, run as legitimate businesses, would help to finance many of the illegal activities of the Mafia from the 1950s into
29000-528: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
29200-572: The most lucrative gains for the Mafia was through gas-tax fraud. They created schemes to keep the money that they owed in taxes after the sale of millions of dollars' worth of wholesale petroleum. This allowed them to sell more gasoline at even lower prices. Michael Franzese , also known as the Yuppie Don, ran and organized a gas scandal and stole over $ 290 million in gasoline taxes by evading the Internal Revenue Service (IRS) and shutting down
29400-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
29600-646: The next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated
29800-522: The older generation of " Mustache Petes " such as Maranzano and Masseria, who usually worked only with fellow Italians, the "Young Turks" led by Luciano were more open to working with other groups, most notably the Jewish-American criminal syndicates to achieve greater profits. The Mafia thrived by following a strict set of rules that originated in Sicily that called for an organized hierarchical structure and
30000-501: The orders of Charles "Lucky" Luciano . Luciano was a former Masseria underling who had switched sides to Maranzano and orchestrated the killing of Masseria. As an alternative to the previous despotic Mafia practice of naming a single Mafia boss as capo di tutti capi , or "boss of all bosses", Luciano created The Commission in 1931, where the bosses of the most powerful families would have equal say and vote on important matters and solve disputes between families. This group ruled over
30200-565: The original Mafia or Cosa Nostra , the Sicilian Mafia, with "American Mafia" originally referring simply to Mafia groups from Sicily operating in the United States. The Mafia in the United States emerged in impoverished Italian immigrant neighborhoods in New York's East Harlem (or " Italian Harlem "), the Lower East Side , and Brooklyn ; also emerging in other areas of the Northeastern United States and several other major metropolitan areas (such as Chicago and New Orleans ) during
30400-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
30600-551: The phrase is unknown . Omertà is a key oath or code of silence in the Mafia that places importance on silence in the face of questioning by authorities or outsiders; non-cooperation with authorities, the government, or outsiders. Traditionally, to become a made man, or full member of the Mafia, the inductee was required to be a male of full Sicilian descent, later extended to males of full Italian descent, and later further extended to males of half-Italian descent through their father's lineage. According to Salvatore Vitale , it
30800-513: The plunder and disturbance of the city." Emigration from southern Italy to the Americas was primarily to Brazil and Argentina , and New Orleans had a heavy volume of port traffic to and from both locales. Mafia groups in the United States first became influential in the New York metropolitan area , gradually progressing from small neighborhood operations in poor Italian ghettos to citywide and eventually national organizations. "The Black Hand"
31000-582: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
31200-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
31400-532: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
31600-609: The prosecution of any Mafia leaders, he provided many details of the history of the Mafia , operations and rituals, aided in the solution of several unsolved murders, and named many members and the major crime families. The trial exposed American organized crime to the world through Valachi's televised testimony. As part of the Mafia Commission Trial , on February 25, 1985, nine New York Mafia leaders were indicted for narcotics trafficking, loansharking, gambling, labor racketeering and extortion against construction companies under
31800-523: The prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns." In 1980, Louisiana Commissioner of Agriculture and Forestry Gil Dozier
32000-482: The prosecution. He now faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking the death penalty for the Sciascia murder, that case was severed to be tried separately), arson, extortion, loansharking, illegal gambling, and money laundering. After deliberating for five days, the jury found Massino guilty of all 11 counts on July 30, 2004. His sentencing was initially scheduled for October 12, and he
32200-460: The prosecutors' recommended $ 10 million forfeiture of the proceeds of his reign as Bonanno boss on the day of the verdict. Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he was facing the death penalty if found guilty of Sciascia's murder. Indeed, one of John Ashcroft 's final acts as Attorney General
32400-568: The regional crime families in these areas may no longer exist to the same extent as before, descendants have continued to engage in criminal operations, while consolidation has occurred in other areas, with rackets being controlled by more powerful crime families from nearby cities. At the Mafia's peak, there were at least 26 cities around the United States with Cosa Nostra families, with many more offshoots and associates in other cities. There are five main New York City Mafia families, known as
32600-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
32800-607: The resources or knowledge to effectively combat organized crime committed by a secret society they were unaware existed. Many people within police forces and courts were simply bribed, while witness intimidation was also common. In 1951, a U.S. Senate committee called the Kefauver Hearings determined that a "sinister criminal organization" known as the Mafia operated in the nation. Many suspected mobsters were subpoenaed for questioning, but few testified and none gave any meaningful information. In 1957, New York State Police uncovered
33000-479: The rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life from the securities industry. On September 7, 1988, Milken's employer, Drexel Burnham Lambert , was threatened with RICO charges under respondeat superior , the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and stock manipulation . In
33200-468: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
33400-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
33600-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
33800-593: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
34000-414: The separate yet related Sicilian Mafia or other organized crime groups in Italy , or ethnic Italian crime groups in other countries. These organizations are often referred to by its members as Cosa Nostra ( Italian pronunciation: [ˈkɔːza ˈnɔstra, ˈkɔːsa -] , "Our Thing" or "This Thing of Ours") and by the American government as La Cosa Nostra ( LCN ). The organization's name is derived from
34200-563: The shrimp boats Agnes Pauline , Monkey , Jubilee , and Bayou Blues , the group made six trips from Colombia to Texas. The group was arrested in 1978 after the federal government seized the Agnes Pauline when they were unloading their cargo in Port Arthur, Texas . In 1979, twenty-six members of the smuggling ring were convicted. Charles "Muscles" Foster, a ranch foreman and the head of the operation, pleaded innocent by reason of insanity and
34400-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
34600-473: The stolen merchandise. Meyer Lansky made inroads into the casino industry in Cuba during the 1930s while the Mafia was already involved in exporting Cuban sugar and rum. When his friend Fulgencio Batista became president of Cuba in 1952, several Mafia bosses were able to make legitimate investments in legalized casinos. One estimate of the number of casinos mobsters owned was no less than 19. However, when Batista
34800-551: The streets of Midtown Manhattan on December 16, 1985. As of 2014, 33 states as well as Puerto Rico and the United States Virgin Islands had adopted state RICO laws to cover state offenses under a similar scheme. Under the law, the meaning of racketeering activity is set out at 18 U.S.C. § 1961 . As currently amended it includes: Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after
35000-450: The subject of some debate: Valachi claimed to be testifying as a public service and to expose a powerful criminal organization that he had blamed for ruining his life, but it is also possible he was hoping for government protection as part of a plea bargain in which he was sentenced to life imprisonment instead of the death penalty for a murder, which he had committed in 1962 while in prison for his narcotics violation. Valachi murdered
35200-412: The territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in
35400-546: The violator must forfeit all properties attained while violating the RICO Act. The RICO Act has proven to be a very powerful weapon because it attacks the entire corrupt entity instead of individuals who can easily be replaced with other organized crime members. Between 1981 and 1992, 23 bosses from around the country were convicted under the law while between 1981 and 1988, 13 underbosses and 43 captains were convicted. Over 1,000 crime family figures were convicted by 1990. While this significantly crippled many Mafia families around
35600-476: The waterfront and garment industry. In addition they could raid the unions' health and pension funds, extort businesses with threats of a workers' strike and participate in bid rigging . In New York City, most construction projects could not be performed without the Five Families ' approval. In the port and loading dock industries, the Mafia bribed union members to tip them off to valuable items being brought in. Mobsters would then steal these products and fence
35800-478: Was a historic summit of the American Mafia held at the home of mobster Joseph "Joe the Barber" Barbara , at 625 McFall Road in Apalachin, New York , on November 14, 1957. Allegedly, the meeting was held to discuss various topics including loansharking, narcotics trafficking, and gambling, along with dividing the illegal operations controlled by the recently murdered Albert Anastasia . An estimated 100 Mafiosi from
36000-460: Was a name given to an extortion method used in Italian neighborhoods at the turn of the 20th century. It has been sometimes mistaken for the Mafia itself, which it is not. The Black Hand was a criminal society, but there were many small Black Hand gangs. Black Hand extortion was often (wrongly) viewed as the activity of a single organization, because Black Hand criminals in Italian communities throughout
36200-424: Was acquitted in 1980. In August 1981, Rex Cauble was indicted by a grand jury, as the government believed he was the financial backer of the smugglers. Foster was the foreman for his ranches, and the drugs were transported to Cauble's ranches throughout Texas. Cauble was a multi-millionaire, the former chairman of the Texas Aeronautics Commission, and an honorary Texas Ranger . He was also the owner of Cutter Bill ,
36400-423: Was charged with violating both Hobbs and RICO laws. The Baton Rouge -based United States District Court for the Middle District of Louisiana accused Dozier of compelling companies doing business with his department to make campaign contributions on his behalf. On September 23, 1980, a jury convicted Dozier of five counts of extortion and racketeering . The judge sentenced Dozier to 10 years imprisonment which
36600-405: Was confirmed in 1986 by the pentito Tommaso Buscetta . A hit, or murder, of a made man must be approved by the leadership of his family, or retaliatory hits would be made, possibly inciting a war. In a state of war, families would "go to the mattresses," which means to prepare for a war or be prepared in a war-like stance. It was mainly derived from the film The Godfather , as the origin of
36800-409: Was decided during a Commission meeting in 2000 to restore the rule requiring both parents to be of Italian descent. It is also common for a Mafia member to have a mistress . Traditionally, made members were also not allowed to have mustaches—part of the Mustache Pete custom. Homosexuality is reportedly incompatible with the American Mafia code of conduct. In 1992, John D'Amato , acting boss of
37000-409: Was declared a criminal enterprise under the federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers. At trial , a witness testified he routinely delivered bags of cocaine to
37200-428: Was eventually sent to arbitration , where the arbiters ruled in favor of Major League Baseball, permitting the move to Washington to take place. Bonanno crime family boss Joseph Massino 's trial began on May 24, 2004, with judge Nicholas Garaufis presiding and Greg D. Andres and Robert Henoch heading the prosecution. Massino faced 11 RICO counts for seven murders (due to the prospect of prosecutors seeking
37400-444: Was expected to receive a sentence of life imprisonment with no possibility of parole. The jury also approved the prosecutors' recommended $ 10 million forfeiture of the proceeds of his reign as Bonanno boss on the day of the verdict. Immediately after his July 30 conviction, as court was adjourned, Massino requested a meeting with Judge Garaufis, where he made his first offer to cooperate. He did so in hopes of sparing his life; he
37600-409: Was facing the death penalty if found guilty of Sciascia's murder, as one of John Ashcroft 's final acts as Attorney General was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of
37800-472: Was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pleaded guilty to six lesser felonies of securities fraud and tax evasion, rather than risk spending
38000-416: Was later murdered on December 16, 1985. In the early 1980s, the Bonanno family were kicked off the Commission due to the Donnie Brasco infiltration, and although Rastelli was one of the men initially indicted, this removal from the Commission actually allowed Rastelli to be removed from the Commission Trial as he was later indicted on separate labor racketeering charges. Having previously lost their seat on
38200-431: Was later upgraded to 18 years when other offenses were determined. A $ 25,000 fine was suspended pending appeal, and Dozier remained free on bail . The United States Court of Appeals for the Fifth Circuit in New Orleans upheld Dozier's conviction. He eventually served nearly four years until a presidential commutation freed him in 1986. Around June 1984, the Key West Police Department located in Monroe County , Florida,
38400-404: Was murdered execution-style. It is still unclear whether Italian immigrants actually killed him, or whether it was a frame-up by nativists against the reviled underclass immigrants. Hundreds of Sicilians were arrested on mostly baseless charges, and nineteen were eventually indicted for the murder. An acquittal followed, with rumors of bribed and intimidated witnesses. On March 14, 1891 , after
38600-508: Was overthrown following the Cuban Revolution , his successor Fidel Castro banned U.S. investment in the country, putting an end to the Mafia's presence in Cuba. Las Vegas was seen as an "open city" where any family can work. Once Nevada legalized gambling, mobsters were quick to take advantage and the casino industry became very popular in Las Vegas. Since the 1940s, Mafia families from New York, Cleveland, Kansas City, Milwaukee and Chicago had interests in Las Vegas casinos. They got loans from
38800-496: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
39000-440: Was shot by Sicilian mobsters while on duty in Sicily. A statue of him was later erected across the street from a Lucchese hangout. In 1951, a U.S. Senate special committee , chaired by Democratic Tennessee Senator Estes Kefauver , determined that a "sinister criminal organization" known as the Mafia operated around the United States. The United States Senate Special Committee to Investigate Crime in Interstate Commerce (known as
39200-421: Was still a very high demand for it from the public. This created an atmosphere that tolerated crime as a means to provide liquor to the public, even among the police and city politicians. While not explicitly related to Mafia involvement, the murder rate during the Prohibition era rose over 40% — from 6.8 per 100,000 individuals to 9.7 — and within the first three months succeeding
39400-573: Was suspected." In August 1960, Colonel Sheffield Edwards, director of the Office of Security of the Central Intelligence Agency (CIA), proposed the assassination of Cuban head of state Fidel Castro by Mafia assassins. Between August 1960 and April 1961, the CIA, with the help of the Mafia, pursued a series of plots to poison or shoot Castro. Those allegedly involved included Sam Giancana , Carlos Marcello , Santo Trafficante Jr. , and John Roselli . In 2007, Linda Schiro testified in an unrelated court case that her late boyfriend, Gregory Scarpa ,
39600-499: Was to order federal prosecutors to seek the death penalty for Massino. Massino thus stood to be the first Mafia boss to be executed for his crimes, and the first mob boss to face the death penalty since Lepke Buchalter was executed in 1944. Massino was the first sitting boss of a New York crime family to turn state's evidence, and the second in the history of the American Mafia to do so ( Philadelphia crime family boss Ralph Natale had flipped in 1999 when facing drug charges). In 2005,
39800-445: Was very active in Brooklyn. In Chicago, the 19th Ward was an Italian neighborhood that became known as the "Bloody Nineteenth" due to the frequent violence in the ward, mostly as a result of Mafia activity, feuds , and vendettas. New Orleans was possibly the site of the first Mafia incident in the United States that received both national and international attention. On October 15, 1890, New Orleans Police Superintendent David Hennessy
40000-449: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
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