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RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) Act is what I was addressing. It is aimed at any group that engage in "racketeering activity". http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_ActThe Actual Act: http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_96.htmlSection 1961 Defines "racketeering activity" as: (1) "racketeering activity" means: (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891–894 (relating to extortionate credit transactions), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1542 (relating to false statement in application and use of passport), section 1543 (relating to forgery or false use of passport), section 1544 (relating to misuse of passport), section 1546 (relating to fraud and misuse of visas, permits, and other documents), sections 1581–1592 (relating to peonage, slavery, and trafficking in persons).,<1> section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 1960 (relating to illegal money transmitters), sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property), section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), sections 2341–2346 (relating to trafficking in contraband cigarettes), sections 2421–24 (relating to white slave traffic), sections 175–178 (relating to biological weapons), sections 229–229F (relating to chemical weapons), section 831 (relating to nuclear materials), (C) any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 (c) (relating to embezzlement from union funds), (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States, (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or (G) any act that is indictable under any provision listed in section 2332b (g)(5)(B); Unless it comes under one of the above definitions RICO does NOT apply. You apparently are accusing the Church of Fraud, but to have Fraud you must sell something that is NOT what you claim it to be NOT something that does NOT exist. The Church claims to save souls in exchange for donations. While you may disagree with the Church's ability to save soles, the law requires something more then that i.e. if the Church was saving souls when you can prove that the Church KNEW it could not and was not. Notice the requirement, that the person "selling" the product (in this case the saving of Souls) KNEW he was NOT but did it for the money. What believe is unimportant, what is important is what can be proven beyond a reasonable doubt that the Church and its hierarchy KNOWS it was NOT saving souls and the only reason they were doing it was to get the money. As long as at least one Priest says he is trying to save people's soul then that whole attack fails. As to moving priest about to avoid litigation. That is NOT a criminal act unless the reason was to avoid CRIMINAL charges. The Movement of most priests have been to separate the priest from his alleged victims OR to move him away from service of process (i.e. avoid a civil suit). The problem with the latter is the defendant is rarely the priest alone, but the Priest and the Dioceses and the Dioceses never moved so service on the Dioceses was possible thus NOT the movement of the Priests is NOT a Criminal act if the purpose was to avoid civil litigation for such Civil Litigation could start without the Priests as long as the Dioceses was served. The only case I have heard of regards a case out Louisiana where the alleged priests were transferred to the Vatican. In that case Louisiana was trying to prosecute them for sex with someone under 18 but over 15. The Age of consent within the Catholic Church is 15 (and it is 14 or 16 in most states, under the Common Law it was only age 12). Italy has a similar age of Consent (and the Vatican has, until recently, always followed Italian law in areas where the Vatican has to separate law). Thus, under Italian and Vatican law the alleged sex acts were NOT statutory rape given the age of the alleged victims and since all the evidence indicate it consensual sex NOT rape, in fact the State Concedes it was consensual. Given that situation, since it would NOT be a crime in Italy, the Vatican and Italy has refused extradited the Priests. That is the only case I have heard of and the facts are NOT favorable for in most states the sex act involved is NOT illegal. It is a jurisdictional mess but not a crime subject to RICO. Sorry, while the Church has covered up the Crimes of Pedophilia, it was NOT to further those crimes but to reduce liabilities and that is legal. In fact the law had long taken a positive attitude when someone does something after an injury has occurred in the form that such repairs can NOT be introduced to show repairs were needed before the accident. Thus moving a priest once is something the Church has never been found liable for (The problem for most dioceses is that the Bishops would move priests again and again after such allegations instead of keeping the priest away from Children after the second set of allegations, had the diocese moved the Priest once and if the allegations resurfaced and then move him away from any potential victims no court would have held the Diocese liable for they did all that they could to avoid such harm, the problem was several Bishops did NOT adopt that policy, instead moved the priests around hoping the allegations would stop). My point is NONE of the above raises to a violation of any of the statutes cited in the RICO act. If you could charge the Church under any one of the Statutes cited, you could charge any other organization that tolerated illegal acts by its members (and that includes the Police). RICO was NEVER intended to go after organizations that in themselves were legal, but which had members that committed illegal acts. Thus RICO can NOT be used against the Church nor the Police for both provide a LEGAL service, members of both may do illegal acts but those acts do NOT show that the Organization in itself is committed to those illegal activities, which was the point I was trying to make.
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