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The alternative to this "preliminary trial" would be to compel the attendance of all the grand jurors at each and every session, thus creating an onerous and unjustified burden which would severely inhibit the grand jury's ability to perform its constitutional function. While the possibility of guilt by association persists in any joint trial, this ground alone does not afford a basis for Prostitutes Zeitz. Robinson v.

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Fineman, F. Recently, however, both the First Circuit, United States v. Turkette, F. Anderson, F. Anderson, supra, F. A Sixth Circuit panel opinion with one judge dissenting also adopted the latter view in United States Prostitutes Zeitz. Sutton, F. The majority of commentators concur in the Prostitutes Zeitz view that RICO was not intended to extend to a purely illegitimate enterprise.

Schmidt, W. While the Third Circuit has never taken a position on this issue, it was, however, raised in that Prostitutes Zeitz in United States v. Provenzano, F. United States v. Provenzano, supra, F. Consequently, even if this Court were to assume, contrary to the express allegations of the Indictment, that the activities of the Enterprise charged in this action were limited to purely criminal endeavors, under the holding in Provenzano, the Indictment would still charge a proper RICO enterprise because the purely illegitimate activities of the Enterprise charged had the principal goal and effect of subverting the two legitimate union locals and the Prostitutes Zeitz legitimate labor leasing and vehicle leasing corporations mentioned in the Indictment.

The Court, however, need not rest its decision solely upon the holding in Provenzano because the Enterprise described in the present Indictment is "an association The Indictment describes the Enterprise as "a group of individuals associated in fact for the purposes of making Prostitutes Zeitz and obtaining other financial benefits through the business of labor leasing and motor vehicle leasing.

Furthermore, the Indictment alleges that the Enterprise conducted its activities through Prostitutes Zeitz instrumentality of a number of legitimate corporations controlled by the Enterprise and alleges a number of legitimate activities, common in the labor leasing business, that the Enterprise performed, including the seeking out and making of contracts and the actual leasing of labor.

The fact that in many, if not in most cases, the Enterprise's business activity was intertwined with, and carried Prostitutes Zeitz by means of, racketeering acts does not make the Enterprise "purely illegitimate. Defendants' attack is sweeping and eclectic. Defendants' motion and Prostitutes Zeitz brief [13] are "less than pellucid" in Prostitutes Zeitz the exact grounds upon which defendants Prostitutes Zeitz in challenging RICO's constitutionality. However, upon scrutinizing the arguments presented and the cases cited by defendants, the Court has determined that defendants challenge RICO's constitutionality on the basis of the following Prostitutes Zeitz.

These contentions will be addressed seriatim. First, the Court has concluded that although the terms Prostitutes Zeitz the relationships which defendants challenge are, in fact, broad, the statute is "sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties" and is not "so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.

Prostitutes Zeitz Construction Co. See Lanzetta v. New Jersey, U. Cohen Grocery Co. The Third Circuit has already rejected as meritless a contention that 18 U. Prostitutes Zeitz, F. Indeed, even Prostitutes Zeitz the vagueness challenges to RICO have been multitudinous, every court which has considered the question has found the statute, including the specific provisions which the defendants challenge here, not to be vague.

See United States v. Prostitutes Zeitz, F. Thevis, F. Field, F. Castellano, F. Scalzitti, F. White, F. Defendants attempt to distinguish this extensive authority on the grounds that the other courts which have considered the issue have not focused on the statute's ambiguity regarding the nature and degree of relationship required among the elements "person," "enterprise," and "racketeering activity" and because they have not adopted the "as applied" approach taken by defendants.

This Court finds these contentions spurious. First, many of the opinions cited above explicitly found that the relationships challenged by defendants here are defined with constitutionally sufficient clarity. Swiderski, supra ; United States v. Thevis, supra ; Prostitutes Zeitz States v. Scalzitti, supra ; United States v. White, supra ; United States v. Stofsky, supra.

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Secondly, the Court finds that the offense Prostitutes Zeitz by the Indictment is patently within the core of the statute's prohibitions and thus independently finds the statute neither facially vague nor vague as applied.

Under the due process vagueness doctrine, in most cases, where a statute is not so utterly vague as to be completely devoid of meaning, but where the scope of the statute may be open to question, the nature of the inquiry that must be made to determine facial ambiguity is not significantly different from that which must be made to determine ambiguity as applied.

The relevant inquiry is whether the statute is so vague that a person could not reasonably understand that the Prostitutes Zeitz conduct, as charged in the Indictment, would be proscribed by the statute. This doctrine was explained as follows by the Supreme Court in United States v. National Dairy Corp. Accord, Parker v.

Levy, U. The City of Wilmington, Delaware, F. Examination of the Indictment in the present action leads inexorably to the conclusion that RICO afforded defendants adequate notice that their behavior was proscribed.

First, as noted earlier, the "Enterprise" charged Prostitutes Zeitz the Indictment falls within even the narrow definition which has been adopted by the courts. A group of individuals in fact associated for Prostitutes Zeitz purpose of making money in the legitimate businesses of labor leasing and motor vehicle leasing by means of a number Prostitutes Zeitz corporations, as charged in the Indictment, clearly falls within the definition of "enterprise" which appears in 18 U.

It is also clear from the Indictment that all defendants were "employed by or associated with" the Enterprise. All defendants except Sheeran either were employees of one or more of the corporations through which the Enterprise carried out its Prostitutes Zeitz, controlled one or more of those corporations, or both were employees of and controlled one or more corporations. Thus, their relationship with the Enterprise unambiguously falls within the term "employed by or associated with.

Consequently, Sheeran was clearly "associated with" the Enterprise. Finally, it is clear that any reasonable person would realize that if he pursued the course of activity attributed to defendants by the Indictment that he would be conducting or participating in the conduct of the Enterprise's affairs through a pattern of racketeering activity.

Each of the sixty-two separate crimes charged by the Indictment as racketeering acts are explicitly defined to be such by 18 U. Secondly, it is clear beyond doubt that any person contemplating the commission of any one of those acts, under the circumstances described by the Indictment, would realize that he was "conduct[ing] or participat[ing] Each of the racketeering acts was committed for the Enterprise's benefit and many in fact constituted routine business activities, such as contract solicitation, firing employees and communications with employees and their union Prostitutes Zeitz.

Thus, it is clear that the business of the Enterprise was carried on and its financial interests were advanced "through" or by means of the charged pattern of the racketeering acts. Gibson, F. Ohio Finally, it would also be clear to any person contemplating the commission of the charged racketeering acts that the contemplated acts would constitute a "pattern Prostitutes Zeitz racketeering activity" as that term is defined by RICO and that he would thus be conducting the affairs of the Enterprise through a pattern of racketeering activity.

Section 5 of RICO clearly provides that the commission of at least two such racketeering acts will constitute a pattern and because the Indictment charges at least two racketeering acts and each act with which it charges defendants was in some way connected to the affairs of the Enterprise, it would be clear to anyone that the activity charged by the Indictment would fall within RICO's definition of the term "pattern.

Palmeri, F. Elliott, supra, F. DePalma, F. Indeed, it is clear that the Prostitutes Zeitz acts charged in the Indictment would constitute a pattern even under the very narrow definition of the term "pattern" which has been adopted by some Prostitutes Zeitz.

White, supra, F. Stofsky, supra, F. Those courts have required "that Prostitutes Zeitz racketeering Prostitutes Zeitz There is so clearly a commonality of scheme, plan and motive, that it is hard to conceive of a case that more clearly could be a "pattern.

In light of the above considerations, the Court finds that the prohibitions contained in 18 U. Defendants nevertheless contend that because RICO allegedly punishes "associations" and activities relating to association, the stricter First Amendment standard for vagueness and the First Amendment doctrine of overbreadth must be applied, and Prostitutes Zeitz analyzed under these Prostitutes Zeitz, RICO is unconstitutionally vague and overbroad. Hynes v. Mayor of Oradell, U. City of Cincinnati, U.

Robel, U. Board of Public Instruction, U. New York, U. Baranski, F. The First Amendment vagueness and overbreadth doctrines are closely related but differ in application. The First Amendment vagueness doctrine, while stricter than the simple due process vagueness standard, Prostitutes Zeitz similar to that standard in that it cannot be invoked by a Prostitutes Zeitz who is within the Prostitutes Zeitz prohibitions of an otherwise valid statute whose outer limits may be vague.

Aiello v. City of Wilmington, F. The Court has already found that the activity charged by the Indictment in this case is clearly within RICO's "hardcore. Under the overbreadth doctrine, however, defendants may challenge a statute even though it clearly Prostitutes Zeitz be applied constitutionally to them if the statute is so overbroad or its scope is so unclear Prostitutes Zeitz it could be applied Prostitutes Zeitz other activity which is protected by the First Amendment.

City of Wilmington, supra. That doctrine is clearly inapplicable here because RICO does not affect any association protected by the First Amendment.

RICO, unlike the statutes in any of the cases cited above does Prostitutes Zeitz and could not punish association or speech alone, but could only be applied if the individual who associates, also commits two of Prostitutes Zeitz criminal acts specifically enumerated in 18 Prostitutes Zeitz. It is inconceivable that "pure" association protected by Prostitutes Zeitz First Amendment could be punished under or even be deterred by RICO.

This challenge apparently is based primarily upon the holding in Smith v. California, U. Thus, the law was essentially struck down under the First Amendment chilling doctrine. As noted above, no one could Prostitutes Zeitz be deterred from pursuing protected associational behavior or be punished for doing so under RICO. In any case, it is clearly within Congressional power to create a strict liability offense which dispenses with any element of "intent," United States v.

Dotterweich, U. Greenbaum, F. Defendants' fourth constitutional contention that RICO violates the Eighth Amendment's prohibition of cruel and unusual punishment is also without merit. Aleman, supra, F. Huber, F. Thevis, supra.

Indeed, Prostitutes Zeitz is clear that RICO's fairly traditional penalties of fine, imprisonment, and forfeiture of contraband and property used in the perpetration of the felony are not so grossly disproportionate to the crime charged as to fall afoul of the Eighth Amendment's prohibitions. See Rummel v. Estelle, U. Defendants' arguments, however, seem to indicate that they are not arguing that RICO's penalties are disproportionate so much as they are arguing that RICO offends the Eighth Amendment's prohibition against making certain activities illegal and punishing them as such at all.

Robinson v. Wright, U. Defendants attempt to recast their vagueness and First Amendment arguments into Eighth Amendment arguments by contending that to punish associative behavior on the basis of a vague statute would be prohibited by the Eighth Amendment.

This argument must be rejected for the reasons stated earlier. The Court finds the defendants' final constitutional argument, that RICO oversteps the constitutional limits imposed upon Federal power by principles of federalism contained in the Ninth and Tenth Amendments, to be wholly meritless.

Because RICO reaches only activities affecting enterprises engaged in or affecting interstate commerce, it is clearly a valid exercise of Congressional power under the commerce clause. Indeed, the profound detrimental effect of the types of activities which RICO seeks Prostitutes Zeitz prohibit Prostitutes Zeitz interstate commerce was, as noted above, well documented in Congressional findings and hearings.

In the motion and lengthy supporting memorandum, defendant Eugene Boffa, Sr. To this chorus of charges, defendants Lemon and Kalmar have added their own voices through the submission of six additional, albeit concise, pretrial motions.

Pared to their essentials, the seven motions offer the following grounds Prostitutes Zeitz dismissal of the Indictment: [20] 1 The Indictment fails to allege all elements of the offenses charged with sufficient Prostitutes Zeitz and thus violates the Fifth Prostitutes Zeitz Sixth Amendments, and Rule 7 cF. In this regard, the Indictment purportedly either fails to allege or inadequately defines: a the composition and character Prostitutes Zeitz the "Enterprise" around which the RICO counts revolve; Prostitutes Zeitz the nexus between each individual defendant and the Enterprise, including the extent to which each defendant actually participated in the conduct of the Enterprise's affairs through a pattern of racketeering activity; c the criminal intent mens rea possessed by each defendant; and d the requisite jurisdictional element required by RICO, i.

United States, U. An indictment must contain the essential elements of the offense charged so as to satisfy three distinct constitutional commands. First, it must be sufficiently precise to apprise the defendant of the nature and cause of the accusation, as required by the Sixth Amendment. Second, Prostitutes Zeitz must enable the defendant to determine to what extent he may plead a former acquittal or conviction as a bar to a future prosecution, in accordance with the Fifth Amendment.

Hamling v. Addonizio, F. Silverman, F. Bergdoll, F. Shaffer, F. A third, less recognized but equally important, purpose of an indictment is to shield a defendant in a federal felony case from unfounded prosecutorial charges and to require him to defend in court only those allegations returned by an independent grand jury, as provided by the Fifth Amendment.

Goldstein, F. By sufficiently articulating the critical elements of the underlying offense, an indictment Prostitutes Zeitz that the accused has been duly charged by the grand jury upon a proper finding of probable cause, and will be convicted only on the basis of facts found by that body.

Shoup, Prostitutes Zeitz. These constitutional criteria have been implemented through Rule 7 cF. See Russell v. Little, F. Accordingly, the Court's task is not to determine whether the Indictment could have been more artfully or exactly written, but solely to insure that the constitutional notice requirements imposed by the Fifth and Sixth Amendments have been fulfilled. Little, supra, F. Defendants argue that the Indictment is bereft of any substantive content and wholly fails to satisfy the requisites of Rule 7 c.

Focusing primarily on Counts I and II, defendants claim that the Indictment does not specify the essential facts Prostitutes Zeitz the Enterprise, including identification of the members of the Enterprise, its structure and operations, and the factors giving rise to its formation. Similarly, defendants argue that Counts I and II fail to establish any nexus between Prostitutes Zeitz defendants, the purported predicate acts listed in the Indictment, and the Enterprise, thus omitting the essential criminal conduct Prostitutes Zeitz a RICO violation.

Finally, defendants assail both the failure of Prostitutes Zeitz I and Prostitutes Zeitz to identify adequately the interstate Prostitutes Zeitz element of the RICO violations, and the insufficient mens rea allegation contained in Count II. Defendants' objections have superficial appeal. Upon closer examination, however, the seeming logic of these arguments fades and leaves a residue of charges which are without merit.

Count I of the Indictment charges that the defendants, "together with persons known and unknown to the Grand Jury, unlawfully, wilfully and knowingly did combine, conspire, confederate and agree together and with others to violate Title 18, United States Code, Section cto wit, to knowingly conduct and participate, directly and indirectly, in the conduct of the affairs of an Prostitutes Zeitz engaged in and the activities of which affected interstate and foreign commerce, through a pattern of racketeering activity.

United States, Prostitutes Zeitz, U. Hess, U. The instant Prostitutes Zeitz clearly meets this requirement. The Enterprise alleged in the Indictment is defined as "a group of individuals associated in fact for the purposes of making money and obtaining other financial benefits through the business of labor leasing and motor vehicle leasing. All defendants, with the exception of Sheeran, were employed by and associated with the Enterprise by virtue of their participation in, or control over, the operations of these nine corporations.

Defendant Sheeran was employed by or associated with the Prostitutes Zeitz through his position as president of Local and through the several acts performed by him on behalf of the Enterprise as described earlier in this opinion. These predicate acts and the requisite nexus between them and the defendants and the Enterprise are laid bare in great detail throughout the Indictment. The pattern of racketeering activity typically was accomplished through the following means: employees of UCI would be leased as truck drivers to a corporation by one or more of the defendants, sometimes at wages below those specified in a collective bargaining agreement in force between UCI and the local union.

The contract between UCI and the corporation would be indiscriminately terminated Prostitutes Zeitz the behest of one of the defendants, resulting in a loss of employment for the leased truck drivers. At that time, another of the labor leasing companies controlled by the Enterprise would contract with the corporation to provide the requisite labor.

Disclosure of the common control of the operations of these labor leasing companies was not made either to the contracting corporations or to Prostitutes Zeitz employee truck drivers. The consequences of this scheme were to deprive all the employees of economic benefits they were entitled to under the Prostitutes Zeitz Labor Relations Act and the pertinent collective bargaining agreement, to deprive members of Local of the loyal, faithful and honest services of Sheeran as president of the union, Prostitutes Zeitz to allow the Enterprise to continue to do business with the contracting corporation through one of Prostitutes Zeitz labor leasing entities operated by the defendants.

The Indictment charges that this labor leasing scheme was implemented at three separate locations and that different combinations of defendants were involved in executing the particulars, as follows:. Indefendants Eugene Boffa, Sr. The contract could be terminated by either party on 30 days notice. The rate of pay negotiated for the Prostitutes Zeitz drivers was lower than that provided by the collective bargaining agreement in effect between UCI and Localthe local Prostitutes Zeitz representing UCI employees.

InSheeran began his tenure as president of Localand in that capacity he was a member of one of the committees which negotiated the terms of the collective bargaining agreement covering UCI employees and Localwhich was in effect during the period Eugene Boffa, Sr. Within the next month, however, Eugene Boffa, Sr. In JanuaryEugene Boffa, Sr. Later that month, Eugene Boffa, Sr. The wage rate specified for the potential employees was again different from that stipulated in the collective bargaining agreement.

Again, the contract included a day termination provision. Subsequently, Sheeran in fact was elected president of Local and held that position commencing in and at all times pertinent thereafter.

About early November,defendants Eugene Boffa, Sr. In August,defendants Eugene Boffa, Sr. In AprilEugene Boffa, Sr. In the course of these negotiations, Lemon represented that neither he nor Preferred Personnel were in any way associated Prostitutes Zeitz Eugene Boffa, Sr.

Both Lemon and Eugene Boffa, Sr. Continental Can refused and UCI terminated the labor leasing contract. On or about July 1,defendant Robert Boffa, Sr. Shortly thereafter, defendant Mishler caused a letter to be sent to each person leased by UCI as a truck driver to Continental Can, inviting them to attend one of two meetings for the purpose of discussing the possibility of employment with CWP of Chicago.

The employees in attendance stated that they would not work for that low a rate of pay. Mishler stated he already had received 90 applications for trucker jobs and the offer was made on a take it or leave it basis.

The rental vehicles generally were transferred to Sheeran from UCI which paid the rental fees to APL, the motor vehicle leasing corporation controlled by the Enterprise. The obstruction of justice count is based on Eugene Boffa, Sr. The false entries indicated that defendant Sheeran had made monthly Prostitutes Zeitz to APL for the lease of Prostitutes Zeitz cars during andwhen in fact no such payments were made.

The Court finds that the Indictment alleges the essential elements of the Enterprise, the pattern of racketeering activity and the nexus between these factors and the defendants sufficient to satisfy Rule 7 c.

The description of the Enterprise is not unlike those characterizations considered adequate by many other courts. See e. Diecidue, F. Further explication of the composition and character of the Enterprise might contribute to defendants' understanding of the charges, but such evidentiary detail is not required by Rule 7 c. The explicit discussion of each defendants' participation in the acts underlying the Indictment is sufficient to permit preparation of a defense and equips defendants with enough facts to plead former jeopardy in a subsequent Prostitutes Zeitz.

Diecidue, supra, F. The Indictment also is sufficiently precise to insure that Prostitutes Zeitz grand jury properly charged the material elements of Prostitutes Zeitz offense and that critical parts "were not subsequently contributed by the prosecutor alone. Count II alleges that the defendants " unlawfully, wilfully and Prostitutes Zeitz did conduct and participate, directly and indirectly in the conduct of such enterprise's Prostitutes Zeitz through a pattern of racketeering activity.

The Count Prostitutes Zeitz incorporates by reference the allegations of Count I, including descriptions of the 62 predicate acts, each of which specify the requisite Prostitutes Zeitz knowledge for the underlying offense. These allegations effectively refute any challenge to the sufficiency of the mens rea element of the Indictment.

At least one Circuit has held that the RICO Prostitutes Zeitz itself does not contain an express intent requirement over and above that required by the individual predicate crimes. Scotto, F. Boylan, F. Consequently, no specific intent to engage in an unlawful pattern of racketeering activity prohibited by RICO necessarily need be alleged in an indictment. Scotto, supra, F. Count Prostitutes Zeitz allegations of wilfulness, therefore, could be characterized as more favorable to the defendants than mandated by RICO.

In order to satisfy Prostitutes Zeitz jurisdictional Prostitutes Zeitz of interstate commerce, a RICO indictment must sufficiently allege an enterprise "engaged in, or the activities Prostitutes Zeitz which affect, interstate or foreign Prostitutes Zeitz. The activity of the enterprise, and not each predicate act of racketeering, must have an effect on interstate commerce. Altomare, F. Nerone, F.

Vignola, F. Counts I and II of the Indictment both generally allege that the Enterprise was engaged in interstate commerce and support these general claims with specific factual assertions.

In addition, the Indictment specifically charges that UCI leased some of its employees to work as truck drivers in plants located in various states including Delaware and Ohio. Accordingly, Prostitutes Zeitz challenge to the sufficiency of the interstate commerce element of Counts I and II similarly is without foundation.

Accordingly, defendants' motions to dismiss those counts on Prostitutes Zeitz basis Prostitutes Zeitz purported Rule 7 c violations will be denied. Both in their motions and at oral argument, defendants have vigorously pressed their contention that Counts I and II of the Indictment violate the Multiple Conspiracy Doctrine of Kotteakos v. The defendants argue that while Count I alleges but one conspiracy to violate RICO, the facts contained therein indicate the existence of at least three separate and distinct conspiracies, involving Prostitutes Zeitz combinations of defendants and having as their focus the mail fraud schemes executed at the 1 Crown Zellerbach, 2 Prostitutes Zeitz Container, and 3 Continental Can facilities.

In Kotteakos, the indictment charged 32 defendants with one overall conspiracy to obtain F. At the trial, the proof established not one, but, eight separate conspiracies with similar illegal objectives and methods of execution.

At the center of the separate conspiracies was a single man named Brown who directed each individual undertaking. None of the other defendants, however, had knowledge of, participated in, or had any interest in the success of, the other conspiracies.

The Supreme Court characterized the purported conspiracy as a "wheel," with Brown Prostitutes Zeitz the "hub" and the other defendants as the "spokes," but observed that because of the lack of connection between the spokes, the wheel lacked a rim. Accordingly, defendants were not properly charged as confederates in a single overall conspiracy, and the Court held that the variance Prostitutes Zeitz the proof at trial, which established multiple conspiracies, and the single conspiracy alleged in the indictment was sufficiently material and prejudicial to defendants' substantial rights to require reversal.

The rationale behind the Kotteakos decision is singularly straightforward: a defendant has "the right not to be tried en masse for the conglomeration of distinct Prostitutes Zeitz separate offenses committed by others An indictment which charges multiple conspiracies in a single count creates the risk that one defendant, against whom the government's proof is quite weak, will suffer from an evidentiary "spill-over effect" or transference of guilt from another defendant. Additionally, if a defendant is convicted on a count charging him with separate conspiracies, it will be impossible to determine, for double jeopardy and sentencing purposes and for the purpose of appellate review, whether the jury found the defendant guilty of one conspiracy or both.

Starks, F. Cryan, F. Finally, a count charging two or more conspiracies raises questions about Prostitutes Zeitz grand jury proceedings giving rise to the indictment, viz. Cryan, supra, F. Accordingly, where a single count of an indictment on its face charges multiple conspiracies, considerations of fairness and prudence require that the count be dismissed. Defendants allege that Count I reflects a classic Kotteakos situation, involving multiple and distinct Prostitutes Zeitz with parallel objectives and operations and some common participants.

In Prostitutes Zeitz, defendants stress that certain of the alleged co-conspirators did not even know the other participants in the purported scheme. In rebuttal, the Government argues that the conspiracy provision of RICO requires Prostitutes Zeitz proof of an agreement to conduct or Prostitutes Zeitz in the affairs of an enterprise through a pattern of racketeering activity.

One who agrees with another to conduct those affairs through such a pattern, therefore, properly can be charged with conspiracy even though he does not know of the existence or Prostitutes Zeitz of Prostitutes Zeitz of the conspiracy's members or what crimes predicate to a pattern some other members of the conspiracy have agreed to commit.

Much of the confusion surrounding the issue has been generated by the decision of the Fifth Circuit in United States v. Elliott, suprain which the court Prostitutes Zeitz that RICO had displaced many of the conventional legal theories applied to concerted criminal action.

In that case, the court conceded that the prosecution could not have charged defendants with one single conspiracy under pre-RICO conspiracy concepts because the defendants had no contact with each other, Prostitutes Zeitz was no direct evidence of a common objective uniting all the defendants, and the activities allegedly embraced by the conspiracy were simply too diverse to imply awareness of an overall scheme on the part of the individual defendants.

The court concluded, however, that the effect Prostitutes Zeitz RICO was "to free the government from the strictures of the multiple conspiracy Prostitutes Zeitz and to allow the joint trial of many persons accused of diversified crimes.

The gravamen of a RICO offense, the court noted, was:. The court ruled that the RICO agreement could be demonstrated, moreover, through proof of commission of the racketeering activity itself. Thus, because the government established that each defendant, over a period of years, committed several predicate acts in furtherance of the enterprise's affairs, "the inference of an Prostitutes Zeitz [was] unmistakable.

Through its expansive reading of the RICO conspiracy provision, the Fifth Circuit purported to create a new species of concerted action, self-styled the "enterprise conspiracy.

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Thus, under the rubric of the "enterprise conspiracy" concept, the Fifth Circuit has purported to eliminate the constraints on conspiracy law imposed by the Supreme Court in Kotteakos. The Elliott decision has been soundly criticized by commentators, see e. Zemek, F. This reluctance to embrace the Fifth Circuit's new form of conspiracy stems from two concerns.

First, critics charge that neither the RICO statute itself nor the legislative history evince a Congressional intent to rework basic conspiracy law in the manner suggested by Elliott. Second, acceptance of a theory which would impute criminal liability of one individual to another because they are employed by or associated with the same enterprise, purportedly would compromise the fundamental right of the accused to have an adjudication of personal and individual guilt.

Kotteakos v. United States, supra ; United States v. Novia Turkette, F. The conceptual difficulties in applying the Elliott standard have been illustrated by a recent decision rendered by the Fifth Circuit itself. In United States v. Bright, F. Charged in the indictment were the sheriff, certain local businessmen who paid bribes to the sheriff in return for certain privileges, and associates of the sheriff who collected these bribes.

The jury found that six of the seven defendants brought to trial participated in a scheme involving payoffs to the sheriff from "honky-tonk" establishments where gambling, illegal liquor sales, and prostitution can be found in return for a pledge of non-interference.

The seventh defendant, Mr. Bright, Prostitutes Zeitz a Bonding Company which Prostitutes Zeitz bribes to the sheriff in return for the privilege of operating as a monopoly in the county. Although defendants were all convicted of one RICO conspiracy, the Fifth Circuit, without extended discussion, held that Bright could not be convicted as a member of a conspiracy involving all seven defendants, but instead could be Prostitutes Zeitz a participant only in a more limited RICO conspiracy comprised of himself and the sheriff.

The Court is persuaded that the Congress did Prostitutes Zeitz intend to alter Prostitutes Zeitz conventional conspiracy doctrine when it formulated the RICO conspiracy provision and, consequently, a RICO conspiracy requires more than simply a shared but unrelated desire among defendants to further the affairs of an enterprise through a pattern of crimes.

The Court thus Prostitutes Zeitz that the conspiracy Prostitutes Zeitz charged in the Indictment necessarily Prostitutes Zeitz subject to the constraints Prostitutes Zeitz by the Multiple Conspiracy Doctrine and must have some nexus among the individual defendants which signals the existence of a truly unified agreement.

The instant Indictment on its face charges only one conspiracy and, as demonstrated earlier in this opinion, alleges the critical facts of a single agreement sufficient to bring the conspiracy allegation to trial. Holland, F. Bally Manufacturing Corp. Count I charges a single unified agreement on the part of all defendants to engage in the activities of the Enterprise through a pattern of racketeering activity, alleges several facts which demonstrate the manner Prostitutes Zeitz which each defendant was associated with the Enterprise, and further alleges several overt racketeering acts committed in Prostitutes Zeitz of the conspiracy, all of which on their face support an inference of a single agreement.

Prostitutes Zeitz, the individual predicate Prostitutes Zeitz involving the three labor Prostitutes Zeitz operations as alleged in the Indictment follow "an easily recognizable pattern," see United States v. Morris, F. Adamo, F. Kenny, F. Hubbard, F. At trial, the Government will have to show beyond a reasonable Prostitutes Zeitz that there was such a unified agreement, shared by all defendants, to participate in the affairs of the Enterprise "through a pattern of racketeering activity.

Defendants argue that Counts I, II, and V-XI are duplicitous and seek an order either dismissing the Counts or alternatively requiring the Government to elect which of the offenses alleged in each count it will pursue at trial.

In support of this motion, defendants claim that each count charges both a substantive offense under 18 U. According to the Indictment, the defendants "willfully Prostitutes Zeitz knowingly devised and intended to devise a scheme and artifice to defraud the employees of UCI" who were leased as truck drivers to the three leasing corporations, [31] and "for the purpose of executing the scheme and attempting so to do, did place and cause to be placed in post offices" employment termination notices and other correspondence relating to the Prostitutes Zeitz.

Accordingly, defendants maintain that either act alleged in the Indictment constitutes a Prostitutes Zeitz of the statute and the joining of these two separate and distinct offenses in Counts I, Prostitutes Zeitz and V-XI is prejudicially duplicitous.

The mail fraud statute does not define multiple crimes, but merely charges a single offense which may be accomplished by a variety of means. Bloom, 78 F. Consequently, a mail fraud indictment framed in the conjunctive and charging multiple means toward commission of an offense is not rendered duplicitous by Prostitutes Zeitz fact that the means are denounced disjunctively in the statute.

Niederburger, F. Gunter, Prostitutes Zeitz. UCO Oil Co. United States, F. Bloom, supra, 78 Prostitutes Zeitz. Although conclusive proof of Prostitutes Zeitz one of the different modes of commission alleged in the Indictment will support a conviction, a jury verdict will bar any further prosecution of the crime.

United States, supra, F. Alternatively, defendants insist that the Government should be compelled to elect Prostitutes Zeitz counts it will prosecute at trial. Offenses are multiplicitous only when the evidence required to sustain a conviction on one offense will be sufficient to warrant a conviction on the other.

Kramer, F. Where each offense "requires proof of a fact which the other does not," the two offenses are not the same and the prohibition against Double Jeopardy is not implicated. Blockburger v.

While Count I incorporates as predicate acts the mail fraud and Taft-Hartley offenses contained in Counts III-XI, proof of the actual commission of, or attempt to commit, these offenses is not necessary for a conviction of conspiracy.

DeVincent, F. All that the Government need prove is an agreement by the defendants to participate in the affairs of an enterprise through a pattern of racketeering activity. Conversely, a conviction on Counts III-XI does not require concerted action on the part of defendants but does require either an attempt to Prostitutes Zeitz, or actual commission of, the substantive offense.

Although there is some overlap in the proof needed to establish these crimes, id. DePalma, supra, F. Furthermore, neither the RICO statute itself nor the legislative history suggest that Prostitutes Zeitz intended to preclude separate convictions for a RICO offense and the underlying predicate crimes.

Rone, supra, F. At issue Prostitutes Zeitz the separate counts of the Indictment are three different statutory schemes, each of which proscribes varying conduct and implements different Congressional purposes. The criminal Taft-Hartley provisions prohibit the tendering to, or Prostitutes Zeitz by, union officials of illegal payments, and reflects Congressional concern with the integrity of labor organizations.

Mandel, F. In contrast, the RICO Prostitutes Zeitz proscribes a pattern of illegal activities and implements Congressional efforts to curb the influence of organized crime. Boylan, supra, F. Defendant Kalmar, joined by all the defendants except Lemon, has moved for Prostitutes Zeitz order compelling the Government to elect among Racketeering Acts Prostitutes Zeitz The Government Prostitutes Zeitz has arbitrarily subdivided this single offense into multiple violations in an Prostitutes Zeitz to create a Prostitutes Zeitz of racketeering activity.

If the Court Prostitutes Zeitz in this view, defendant Kalmar apparently would be charged with having committed only one predicate act and the logical consequence would be for him to Prostitutes Zeitz dismissal of the RICO counts. Racketeering Acts assert that Prostitutes Zeitz Boffa, Sr. All the predicate acts were allegedly committed for the purpose of influencing Sheeran with respect to his actions, decisions and duties as president of Localin violation of 29 U.

Alaimo, F. In rejecting defendant's Prostitutes Zeitz that he had committed only one violation, the court concluded that a continuous course of conduct was not involved, that each time the defendant received a check from the company he violated Prostitutes Zeitz Act, and that it was "reasonable that Congress should have provided for a separate punishment each time an employee representative places a price upon two weeks of labor peace.

Stubin, F. Donovan, F. Based on the foregoing decision, by Prostitutes Zeitz this Court is necessarily bound, the Court concludes that Racketeering Actsand 51 do not constitute a single violation and are not multiplicitous. As a further ground for their general assault on Counts Prostitutes Zeitz and II, defendants contend that Wharton's Rule precludes the maintenance of both counts and the Government must elect which count it will prosecute.

Wharton's Rule thus stands as a limited exception to the well established principle that a conspiracy to commit a substantive offense and the substantive offense itself can be maintained as separate counts.

Ohlson, F. Moreover, the rule is a judicial creation, designed as "an aid to the determination of legislative intent" when that intent cannot be readily discerned. Iannelli v. It applies only Prostitutes Zeitz the absence of a legislative purpose to create two separate offenses. Rone, supra.

First, there is ample evidence that Congress intended to create both a conspiracy and a substantive offense in RICO. Ohlson, supra, F. As the Supreme Court has stated in an analogous context, "[i]n drafting the Organized Crime Control Act ofCongress manifested its clear awareness of Prostitutes Zeitz distinct nature of a conspiracy and the substantive offenses that might constitute its immediate end.

The criminal activity proscribed by this section is not the formulation of an enterprise or association with the enterprise but the conduct of an enterprise's affairs through a pattern of racketeering activity, which conceivably can be committed by one person alone. The enterprise is simply one of Prostitutes Zeitz jurisdictional elements of the statute. Defendants argue that Racketeering Acts, and "Racketeering Acts" are barred by the statute of limitations and must be stricken from the Indictment.

RICO itself does not contain a specific statute of limitations provision. Section merely defines a "pattern of racketeering activity" as two or more acts of racketeering activity, the last of which occurred within ten years after the commission of a prior Prostitutes Zeitz of racketeering activity. Accordingly, whether an indictment based on purported RICO violations can be maintained, must be determined by recourse to the general federal statute of limitations for non-capital offenses, 18 U.

Davis, F. Forsythe, F. Cohen, F. The Government clearly could Prostitutes Zeitz have charged Prostitutes Zeitz with separate counts based on the Racketeering Acts since all such acts occurred prior to July,and the five year limitation period would not be satisfied.

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Whether the time-barred offenses can be maintained as predicate acts in an alleged RICO violation is a question which apparently has been considered by only one other court. In so holding the court observed:. Although the Third Circuit has not directly considered the issue, it has considered an Prostitutes Zeitz question in a line of cases construing subsection 1 Awhich defines racketeering activity as an act "chargeable under state law.

The lower court had found that the indictment was returned after the state statute of limitations on the underlying predicate offenses had expired and accordingly Prostitutes Zeitz ruled that the RICO charge was time-barred.

The Third Circuit reversed, holding that RICO violations would be governed by the federal, and not state, statute of limitations. Although the Court did not elaborate further on the application of the federal limitations provision, it noted that RICO was not passed to vindicate the predicate state law violations, but instead "was designed to punish the impact on commerce caused by conduct which meets the statute's definition of racketeering activity.

Accordingly, the Court concluded that the predicate state law offenses are not the gravamen of a RICO violation and are incorporated into RICO for definitional purposes only. Accordingly, the Court ruled that the RICO indictment was timely returned even though two of the five predicate state offenses Prostitutes Zeitz in the indictment did not take place within the state statute of limitations. Just as state predicate offenses are included in a RICO count for definitional purposes, so federal offenses enumerated in the statute also can be considered as yardsticks by which to measure racketeering activity.

This view comports Prostitutes Zeitz the purpose of RICO, which is not to prevent the occurrence of the individual predicate acts themselves but to prevent the corruption of legitimate industry through a pattern of these predicate acts. Accordingly, in light of the Prostitutes Zeitz nature of a RICO violation, the logical point at which to trigger the statute of limitations is the Prostitutes Zeitz of the last predicate act comprising the pattern of racketeering activity.

If Congress intended to bar the inclusion of predicate acts in an indictment which occurred more than five years before the return of the indictment, the ten year provision would be relatively meaningless.

Defendants' motion to strike Racketeering Acts, and from the Indictment will be denied. As a final attack on the sufficiency of the Indictment, defendants argue that Racketeering Act 53, the obstruction of justice allegation, is improperly included as a predicate act in Counts I and II and must be stricken. Essentially, defendants claim that Racketeering Act 53 is a separate and distinct substantive offense involving only Eugene Boffa, Sr. Continued inclusion of this Prostitutes Zeitz act in the RICO counts purportedly will unfairly and unjustifiably prejudice the remaining defendants.

Despite defendants' persistent search for defects in the Indictment, they have again come up empty-handed. The Prostitutes Zeitz entries reflected that defendant Sheeran had made Prostitutes Zeitz payments to APL for the rental of automobiles inwhen in fact he received the free use of these cars from Eugene Boffa, Sr.

This allegation on its face clearly constitutes part of the common scheme Prostitutes Zeitz plan alleged in the Indictment. Without the fabrication of these receipts, the purported illegal payments tendered to Sheeran might well have been uncovered by the investigating grand jury, leading to possible disclosure of defendants' overall conspiracy.

Boffa's attempt to obstruct the grand jury process consequently can be viewed both as an attempt to cover up the completed predicate crimes alleged in the Indictment, and an effort to prolong the illegal activities in which he and his co-conspirators Prostitutes Zeitz allegedly engaged.

It is irrelevant, moreover, that none of the other defendants participated in, or were aware of, the actual preparation of the false records. A member of a conspiracy need not participate in, or have full knowledge of, each and every overt act committed by his co-conspirators. So long as the defendant knowingly and willfully enters into a mutual understanding to engage in concerted action, he will be vicariously liable for all acts committed in furtherance of the scheme, if the acts fall within the common purposes of the conspiracy.

Fitzgerald, F. Defendant Sheeran has also moved to dismiss the present Indictment on the ground that its prosecution Prostitutes Zeitz barred by principles of double jeopardy and collateral estoppel. All other defendants except Lemon join in the motion. The Indictment charged Sheeran Prostitutes Zeitz Louis J. Bottone with conspiracy to violate Section c of Title 18 of the United States Code by participating in an "enterprise" affecting interstate commerce through a pattern of racketeering activity.

The alleged enterprise consisted of "a group of individuals associated in fact for the purpose of enhancing, protecting, and perpetuating their individual and collective positions in the organized labor and organized criminal communities within which they associated by acts including murder, attempted murder, arson, Prostitutes Zeitz union embezzlement.

It Prostitutes Zeitz that the defendants conspired to and did conduct and participate in the affairs of the Prostitutes Zeitz as follows:. The predicate crimes, allegedly comprising a pattern of racketeering under Section 5 of Title 18 of the United States Code, were:. The Indictment Prostitutes Zeitz the present action as discussed in detail above contains an entirely Prostitutes Zeitz set of charges.

As applied in Prostitutes Zeitz cases the doctrine of collateral estoppel is a corollary of the Double Jeopardy clause of the Fifth Amendment. In Ashe v. Swenson, U. In applying this principle it is necessary to ascertain whether an issue that the defendant seeks to exclude from consideration has actually been determined by the prior judgment. This is accomplished by examining. Pappas, F. Swenson, supra, U. If Prostitutes Zeitz jury could have reached its decision without resolving the issue, however, then Prostitutes Zeitz is not determined and the prosecution can argue that the issue should be decided adversely to the defendant.

No issue or charge contained in the present Indictment Prostitutes Zeitz put to the jury in the prior proceeding. In the Indictment the prosecution alleged that Sheeran Prostitutes Zeitz Bottone conspired to conduct an enterprise based on mutual protection, extortion, and murder, through a pattern of racketeering. That charge was altogether different from the present allegation of conspiracy to conduct an enterprise of obtaining financial benefits in certain businesses through a pattern of racketeering.

The failure of the jury to find that the conspiracy charged in the Indictment existed does not preclude finding that the completely distinct conspiracy charged in the present Indictment did exist. The issues raised in the prior trial are not raised in the present Indictment.

A fortiori the jury could have reached its decision to acquit without resolving any of the present issues in favor of Prostitutes Zeitz defendant.

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Consequently, the doctrine of collateral estoppel does not require dismissal of any portion of the present Indictment. The defendant Sheeran argues that Prostitutes Zeitz conspiracy charged in the case sub judice is actually the same as that charged in the Indictment and that allowing the prosecution Prostitutes Zeitz proceed, therefore, would constitute double jeopardy. Although the defendant Prostitutes Zeitz not clearly separated his collateral estoppel from his double jeopardy argument, they should be distinguished.

The two concepts are related, both being based Prostitutes Zeitz the double jeopardy clause of the Fifth Amendment. Collateral estoppel differs from the broader traditional rule against double jeopardy, however, in that it can preclude relitigation of an issue, even though the crimes charged in the two proceedings are admittedly distinct. Moreover, Prostitutes Zeitz be operative, collateral estoppel, at a minimum, requires a prior acquittal, while the general rule against double jeopardy precludes a second prosecution for the same crime regardless of the verdict in the original proceeding.

Sheeran's double jeopardy argument advanced here Prostitutes Zeitz based on the increasingly accepted position of the courts, that the rule against double jeopardy precludes a second prosecution for conspiracy if the defendant establishes that the same conspiracy is charged in both indictments, even if the prosecution does not rely on the same evidence and so, in Prostitutes Zeitz respect, does not litigate the same issues.

Tercero, F. Prostitutes Zeitz, F. Mallah, F. Inmon, F. It Prostitutes Zeitz true that the double jeopardy clause bars the government from repeated prosecution for what is in law and in fact one conspiracy.

Courts have recognized that due to the complex nature of certain criminal conspiracies and the generally limited access that a defendant has to the proof that the government intends to offer, it can be unduly difficult to establish in support of a Prostitutes Zeitz jeopardy claim that allegedly separate Prostitutes Zeitz are, in fact, one. Stricklin, F. Kamins, F. There is a danger that the government will "carve one large conspiracy into several smaller agreements. Inmon, suprathat, although the burden of establishing that separately charged conspiracies are not distinct initially rests on the defendant.

The defendant argues that under this holding, the Indictment should be dismissed.

This argument Prostitutes Zeitz because Sheeran has not made a non-frivolous showing that the present Indictment charges the same conspiracy as the Indictment. In support of his motion he states that both Indictments involve him in his capacity as the Prostitutes Zeitz of Localboth allege overt acts taking place in the same vicinity, and both encompass the Prostitutes Zeitz time period.

These Prostitutes Zeitz similarities are not sufficient to establish a prima facie showing that the conspiracies are the same. Sheeran also has made much of the fact that at the first trial on the Indictment the government questioned him concerning his relationship to Eugene Boffa, Sr. Even if he were, however, it would not establish a non-frivolous claim of double jeopardy. To support his argument that there was only one conspiracy, the defendant must show that there was only one agreement.

See Braverman Prostitutes Zeitz. The sketchy facts that he Prostitutes Zeitz advanced here have no tendency to establish this, especially in view of the totally distinct nature of the charges set forth in the Prostitutes Zeitz Indictments. The two alleged agreements are completely separate.

The Indictments allege totally distinct Enterprises under the RICO statute; they allege different predicate crimes to support the RICO charges; they name different co-conspirators; they name different overt acts.

The only element common to both Indictments is the position of Sheeran as a defendant. The Prostitutes Zeitz fact or allegation that Sheeran has participated in both Enterprises "does not transform two separate conspiracies into one.

A prostitute isn’t just a prostitute—there are a wide variety of different types of women throughout history who have served a varied role in civilization, from shunned outcast to pillars of society. 10 Ying-chi. The ying-chi are arguably the first official, independent prostitutes in Chinese history. Their acknowledged existence is. venereal disease [a health risk of the working-women prostitutes, as well]. While stationed in France, , British army men were hospitalized with venereal infections. Each army unit had a treatment station to dispense ointment to prevent or treat VD infections. But some soldiers wanted to be infected. Often, the women known to have.

Defendants, Louis Kalmar and David Mishler, each have filed motions [42] for a bill of particulars pursuant to Rule 7 fF.

Kalmar's motion consists of 21 requests, the last having 5 subdivisions. Mishler's motion seeks 12 Prostitutes Zeitz of particulars. The Government has responded to all of Kalmar's requests, except for those numbered 11, 12, 13 and 21 a D. The Government has objected to responding to these latter Prostitutes Zeitz on the grounds that they are Prostitutes Zeitz the purpose of a bill of particulars, that they Prostitutes Zeitz disclosure of the Government trial witnesses, or that they call for the Government to weave all the information at its command into the warp of a fully integrated trial theory for defendants' benefit.

The Court, having studied the matter, finds that the Government's objections are well taken and will enter an order sustaining those objections.

35 Posts - See Instagram photos and videos taken at ‘Local Prostitutes’. A prostitute isn’t just a prostitute—there are a wide variety of different types of women throughout history who have served a varied role in civilization, from shunned outcast to pillars of society. 10 Ying-chi. The ying-chi are arguably the first official, independent prostitutes in Chinese history. Their acknowledged existence is.

The purpose of the liberalized bill of particulars rule is to inform the defendant of the nature of the charges brought against him in order to adequately prepare his defense, Prostitutes Zeitz avoid surprise during the trial, and to protect him against a second prosecution for an inadequately described offense.

Cantu, F. Prostitutes Zeitz of the main policy reasons for restricting its applicability is to avoid "freezing" the Government's evidence in advance of trial. Such freezing comes about because of the rule that requires proof at trial to conform to the particulars furnished Prostitutes Zeitz a bill. Neff, F. Allied Asphalt Paving Co.

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RICO was aimed to attack those problems "by providing a means of wholesale removal of organized crime from our organizations, prevention of their return, and, where possible, forfeiture of their ill-gotten gains. Jan 13, Kayla Rakita rated it liked it.