Act 6. On or about the 21st day of November 2020, MARK RANDALL MEADOWS sent a text message...
Act 22. On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted...
Act 26. On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted...
Act 27. On or about the 3rd day of December 2020, DONALD JOHN TRUMP caused to be tweeted ...
Act 45. On or about the 8th day of December 2020, MICHAEL A. ROMAN sent a text message...
Act 57. On or about the, 11th day of December 2020, DAVID JAMES SHAFER reserved Room 216...
So tweeting, sending text and reserving a room. And this is what they think will lock up Trump?
Georgia Law on RICO
O.C.G.A. §16-14-4 outlines four ways a person can be guilty of violating the Racketeering statute:
- By directly or indirectly acquiring or maintaining any interest in or control of any enterprise, real property or personal property through a pattern of racketeering or the proceeds derived from the activity;
- By directly or indirectly participating in an enterprise through a pattern of racketeering activity while being employed by, or associated with, the enterprise;
- By conspiring or endeavoring to directly or indirectly acquire or maintain any interest in, or control of, any enterprise, real property or personal property through a pattern of racketeering activity or the proceeds derived from a pattern of racketeering activity; or
- By conspiring or endeavoring to directly or indirectly participate in an enterprise through a pattern of racketeering activity while being employed by, or associated with, the enterprise.
RICO is a crime that has a federal statute and a Georgia state statute. The Georgia statute defines racketeering more broadly than the federal law does. In addition, it takes less to prove a pattern of racketeering activity under the Georgia statute than the federal one. However, the largest difference between the two is that Georgia does not always require the existence of an enterprise to constitute racketeering.
What is a Pattern of Racketeering Activity?
There are many crimes that can be used to show a pattern of unlawful conduct. The predicate crimes that fall under the RICO statute in Georgia include drug offenses, homicide, bodily injury, arson, burglary, forgery, theft, prostitution, obscene materials, bribery, witness tampering, perjury, evidence tampering, commercial gambling, distilling liquors and alcoholic beverages, firearm violations, securities violations, credit card fraud, computer crimes, kidnapping, carjacking, and making terroristic threats.
The Courts have concluded that a pattern consists of at least two acts of racketeering activity in furtherance of one or more incidents, schemes, or transactions that have the same or similar intent, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents. The incidents do not have the occur at the same time, but the Court has stated that at least one of the incidents must be within four years of a prior incident of racketeering activity. O.C.G.A. § 16-14-3(4)(A)
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