By: Jeffrey Winograd
The Racketeer Influenced and Corrupt Organization Act, (popularly known as RICO), has been around since 1970 and its intent was to give the government a stronger hand in combatting organized crime.
Over the years, the scope of permissible legal actions undertaken pursuant to the statute has expanded and among the beneficiaries of this expansion is the average citizen.
Conduct targeted by RICO plaintiffs in civil actions have ranged from a battle by former minority owners of the Montreal Expos against Major League Baseball to a suit by clients of an accounting firm alleging the firm involved them in a tax avoidance scheme related to conservation easements.
It is now time to use RICO against what smells like a criminal enterprise (for example, a conspiracy) involving the Democratic Party, Democratic elected state officials, Democratic political operatives, and even news media outlets and social media companies.
Not A Joke
Of course, there must be an underlying crime to bring a RICO lawsuit.
How about political corruption, falsification of documents, identity theft, voter suppression, and mail/wire/telephone/Internet fraud for starters. The possible involvement of illegal immigrants might also be involved.
As the Justice Department website states: “If the predicate acts involve a distinct threat of long-term racketeering activity, either implicit or explicit, a RICO pattern is established.”
Three key facts must be established in a RICO suit: a defendant agreed to commit the substantive racketeering offense through agreeing to participate in two racketeering acts; the defendant knew the general status of the conspiracy; and the defendant knew the conspiracy extended beyond his individual role.
They even used the COVID-19 pandemic to justify their actions.
This is described in a New York Post article that is a must read.
In fact, the events described therein likely described the legal predicate for a RICO lawsuit.
List Of Activities Bolstering A RICO Lawsuit
Various lawsuits have already been filed in various states in behalf of the Trump campaign and by individuals who voted for Trump but have reasonable suspicion their votes were canceled or otherwise uncounted.
Here is a list of acts which, with legally sufficient explanation, can probably bolster a RICO lawsuit or even several lawsuits in different jurisdictions (a suit must be filed in a U.S. District Court with a request for expedited action) with carefully selected plaintiffs who have legal standing to sue.
- No voter identification required.
- No comparing of signatures on voter registration forms and ballots submitted by mail.
- Alleged voting by deceased individuals.
- No checking for proper use of envelopes with mail-in ballots.
- Mailing of ballots to all registered voters without adequate preparation and funding to ensure a fair and timely counting with observers present.
- Illegal voting due to place of residence.
- Ballot harvesting whether permissible or not.
- Illegally providing information about rejected mail-in ballots to Democratic Party operatives.
- In Philadelphia, the delivery of 23,277 votes in one tranche with all going for Joe Biden.
- The removal of the Green Party candidate from the Wisconsin ballot over a technicality regarding address of the candidate (the three Democrats on the six member Wisconsin Election Commission voted for the removal).
- Incorrect cancelation of ballots.
- Total votes counted by election software not matching printed tabulation tapes.
- Denial of Republican access to observe vote counting in Michigan.
- Lack of access, as required by statute, to video surveillance of remote ballot drop boxes.
- Voter suppression due to the publication of polls sponsored by news media which overwhelmingly inflate the expected vote for Joe Biden and thereby discouraging potential Trump voters from going to the polls and adversely impacted late fundraising efforts.
- The almost blanket lack of news coverage of events unfavorable to Biden (for example, the New York Post articles about Hunter Biden and a statement given under oath to the FBI by a former business associate of Hunter Biden who state he met twice with Joe Biden).
- Social media, such as Twitter and Facebook, blocking message sent by the Trump campaign and those supporting Trump.
- The supposedly nonpartisan Commission on Presidential Debates unilaterally canceled the second Trump-Biden debate, an obvious benefit for Biden as he was hiding from the press.
Roadmap To Victory
Savvy lawyers on Team Trump can piece together such details and surely allege several predicate crimes.
Remember political corruption, falsification of documents, identity theft, voter suppression, and mail/wire/telephone/Internet fraud,
The message for them and the president is “Go RICO.”