Thursday, November 21, 2013

United States v. Neapolitan case brief

United States v. Neapolitan case brief summary
791 F.2d 489 (7th Cir. 1986)

CASE SYNOPSIS
In a consolidated appeal, seven defendants sought review of the judgments of conviction entered by the United States District Court for the Northern District of Illinois, Eastern Division, following jury trials in which they were found guilty of conspiring to violate § 1962(d)of the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. § 1962(d).

CASE FACTS
Defendant police officer was convicted of conspiring to violate the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. § 1962(d) by providing protection for an enterprise that was involved in selling stolen car parts. In a separate trial, six defendants were convicted of conspiring to violate § 1962(d) for their involvement in an enterprise that dealt in stolen car parts. The cases were consolidated.

DISCUSSION

  • The court affirmed defendant police officer's conviction, finding that the evidence was sufficient to establish that he agreed to participate in the affairs of the enterprise through a pattern of racketeering activity and that he agreed to the commission of at least two of the predicate acts. 
  • The convictions of the six defendants were also affirmed as the evidence was sufficient to establish that they engaged in a pattern of stealing cars and transporting stolen car parts in violation of §1962(d) and that three defendants on periphery of enterprise agreed to the commission of at least two predicate acts. 
  • Moreover, although the district court's jury instruction on the elements of a RICO conspiracy was vague, it was not grounds for reversal.

CONCLUSION
The court affirmed defendant police officer's conviction for conspiring to violate the Racketeering Influenced and Corrupt Organizations Act (RICO) because the evidence was sufficient to support the conviction. The court affirmed the RICO convictions of the six defendants because the evidence was sufficient to support the convictions, and the district court's jury instruction on the elements of a RICO conspiracy was vague but sufficient.

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