Post #345,997
8/9/11 2:40:35 PM
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Sheesh.
It rained in Milwaukee last night. Undoubtedly Obama engineered it as part of a vendetta against the cops who prosecuted some kids for vandalizing Republican campaign signs in the '80s.
Some bad things have been done to people and Newscorp seems to be involved. But if there is an investigation, you know, to see if there were US laws broken and if so who broke them, that's Obama's stormtroopers persecuting poor little Rupert.
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Badass! (and delicious)
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Post #345,998
8/9/11 2:52:47 PM
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wasnt for RICO the streets would be safer
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free American and do not reflect the opinions of any person or company that I have had professional relations with in the past 55 years. meep
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Post #345,999
8/9/11 3:27:50 PM
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I'm not a huge fan of RICO
But short of a corporate death penalty (and that ain't happening anytime soon) it's pretty much the tool of choice when organizational structures are used to shield criminal acts.
I much prefer laws that address the situation at hand to gaming the system. It bugs me that Capone went down for tax evasion. But when the actions are outrageous and people are gaming the system, well sometimes those people lose in a gaming the system way. Which is why, while the Capone outcome looks ugly to me, it isn't really unjust. And if the situation with Newscorp is the way it looks, RICO may be a way to get some justice, or at least make that kind of thing not a competitive advantage.
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What I mean by a corporate death penalty is that the corporation is dissolved, the assets are seized, and the principals are forbidden to do any kind of business with each other. All the way down to if a board member gets a job as a buss-boy his former co-members can't eat at that restaurant. Inconvenient? Career destroying? Harsh? Hell yeah - don't do the crime, don't let your buddies do it.
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Badass! (and delicious)
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Post #346,001
8/9/11 3:55:48 PM
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Evidence
You seem to be missing the point.
If there is evidence inside the US (and it appears there may be) of, say, bribery or phone hacking..there are laws against these things (that are not RICO)...and they could be used to go after news corp and the executive team.
To use RICO to try and make the UK case apply here and to go after Murdoch directly? That's stretching the law beyond current precedent..which is at least cursory evidence of someone having a serious grudge against Murdoch directly.
And no, not saying that Obama is dictating...but the very public stance he and his administration have taken against the US based operations of news corp certainly are not hurting.
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
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Post #346,002
8/9/11 4:43:49 PM
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What are you talking about
According to US law, bribing police of other nations by a US firm is illegal. News Corp clearly did so.
What's the problem here?
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Post #346,003
8/9/11 5:15:24 PM
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Thats not RICO, thats FCPA
that's the problem here.
Going the RICO route means you have much less interest in the actual crime and much more interest in prosecuting the organization and executives, regardless of their specific knowledge.
And you'd be hard pressed, given that, to convince anyone that such a case wasn't politically motivated.
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
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Post #346,004
8/9/11 5:19:27 PM
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You understand what "investigation" means, right?
Well-sourced information coming out of the Department of Justice and the FBI suggests a debate is going on that could result in the recently launched investigations of News Corp. falling under the RICO statutes.
They're investigating.
No charges have been filed yet.
Nobody's been prosecuted yet.
Nobody's been convicted yet.
Nobody's been thrown in prison yet.
There is no "case" yet.
It's an investigation.
<sheesh>
Cheers,
Scott.
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Post #346,039
8/10/11 10:13:15 AM
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I do
And implicating the use of RICO is obviously lost on you
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
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Post #346,056
8/10/11 4:01:44 PM
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Actually, easily pressed
> And you'd be hard pressed, given that,
> to convince anyone that such a case wasn't politically motivated.
So what your saying if the case isn't based on a mafia style smoking gun organization, RICO should never be applied?
Go ahead, tell me this one is political. It is a core
corrupt organization that shields it's members from
prosecution as much as it can, while tolerating
and sometimes encouraging their continued illegal
(and HARMFUL to others) behavior.
Yet not "mafia" like.
Go ahead, support the child rapers.
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Catholic sex abuse cases
In some jurisdictions, RICO suits have been filed against Catholic dioceses, using racketeering laws to prosecute the highers-up in the episcopacy for abuses committed by those under their authority. A Cleveland grand jury cleared two bishops of racketeering charges, finding that their mishandling of sex abuse claims did not amount to criminal racketeering. Certain lawyers and abuse advocates[who?] have openly wondered why a similar suit was not filed against archbishop Bernard Law, who escaped prosecution by going into exile in Vatican City.[9][10]
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Post #346,057
8/10/11 4:20:25 PM
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Interesting
Actually I see the differences and theneasy application of that in the case of the church, as there was clear evidence from other locations of knowledge and inaction over many years.
Trying to tell me this is a similar thing? Right now this is concentrated in one org and no evidence of knowledge at the top.
I can see how this makes me support sexual abuse.
Guess I'll go register now
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
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Post #346,062
8/10/11 7:42:36 PM
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So if there were evidence of knowledge at the top
RICO would apply fine?
Actually in all seriousness, it's unlikely that RICO charges will apply to NewsCorp.
The alleged acts in the hacking scandal have not risen to the level of fraud that is required under RICO, said Douglas Abrams, a professor at the University of Missouri School of Law who has written a book on civil RICO cases.
"The general rule of thumb for a RICO action is: if you think you have one, you don't," Abrams said.
One pitfall includes a 2010 Supreme Court ruling that curtailed U.S. lawsuits over conduct occurring abroad. In the wake of that decision, trial courts have taken a dim view of using RICO for "extraterritorial conduct."
http://www.reuters.c...TRE76C5RG20110713
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Post #346,063
8/10/11 7:51:29 PM
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you dont seriously think doj gives a rats ass about judges?
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free American and do not reflect the opinions of any person or company that I have had professional relations with in the past 55 years. meep
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Post #346,082
8/11/11 10:35:35 AM
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That's what I've been saying all along
trying to raise this to RICO status is outside of the law's scope..and if they were really pursuing it...it would almost necessarily be political motivation. (and I'm NOT saying it was Obama doing it...but the environment in the exec branch based on the "war" with news corp's most visible arm..fox news.)
Sure, understanding today's complex world of the future is a little like having bees live in your head. But...there they are.
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Post #346,087
8/11/11 11:33:25 AM
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Actually...I only saw references
to one person talking about it.
It bounced around a lot. But all the sources I saw pointed back to one journalist.
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