RICO and the Gangs
By
Robert C. Walker
Gangs OR Us
Gangs – Are they declining? Are they
less violent?
At a time when, according to U.S.
Department of Justice reports, our nation’s crime rate
has been holding steady for the past several years, the Office of
Juvenile Justice and Delinquency Prevention (OJJDP) reports that gangs
and gang members have increased./1/ The increase was probably more
significant than reported due to several reasons.
According to the 2002 OJJDP survey, of 2563 survey recipients, only 85 percent
responded. This leaves a number of cities, of unknown size, who failed to report any gang
activity. The survey asked each recipient to report information solely for youth gangs, defined as
a group of youths or young adults that the department would be willing to identify as a “gang./2/”
Not included in the survey were prison gangs or prison gang members, which are believed to be
in every state department of corrections system.
It is estimated that approximately 731,500 gang members and 21,500 gangs were active
in the United States in 2002.
These figures represented a decrease of 32 percent in gangs and gang activity. According to the OJJDP the difference is largely the result of the decline in reported gang problems by smaller
cities and rural counties./3/ The reason(s) for not reporting gang activity or gang problems is
unknown. Some cities and departments deny the existence of gangs, while others look at gangs
as a nuisance that is not to be of any concern. Both approaches to the gang problem are wrong.
Why? It gives the gang(s) the opportunity to develop a power base that may not be easy to
combat.
In 2002 gang related homicides were reported in 91 cities. Of these
91 cities, 89 reported 1 or more homicides totaling 577 gang related
homicides. Two cities, Chicago and Los Angeles, reported a total of 655
gang related homicides. This figure represents approximately one-half of
the total homicides for the two cities – 1300./4/
In my opinion, gangs and gang activities are on the rise. Until every
city, county, and
state recognizes and reports gangs, possibly through a national
reporting system, utilizing a national standard for a gang definition,
gang validation and gang member identification, the statistics will
always be flawed.
Where is the gang problem?
It has long been recognized that gangs can now be found in all parts of
the United States and are now a part of main stream America. Gangs and
gang members are no longer only found in the ghetto or the barrio. Gang
members now represent all races, ethnicities and cultures. Gang
members now come from every socio-economic level and the gangs and the
gang members may be found throughout urban and rural America – in
communities large and small.
Gangs are spreading and they are a threat to our children, our
homes, and our way of life. Gangs have been likened to “cancer”
that dreaded disease that is an extremely dangerous disease but in many
cases, it can be treated and successfully removed.
How do we combat the gang problem?
After being selected as a target, most street gangs can be eliminated or
dismantled by
vigorous gang investigations. While the street patrolman can be of
valuable assistance by
knowing the gang members and by providing intelligence, it is usually
wise to use experienced
investigators and prosecutors to conduct what are usually long term
investigations. These
investigators can be members of a gang unit or a multi-agency task
force. The prosecutor,
should be experienced in gang investigations and both must work together
to be successful.
What tools are available to successfully prosecute gangs?
Unfortunately, not all states have gang related legislation. Even some
states that have
enacted gang statutes do not have laws that will allow for the
prosecution of identified gangs and
gang members who are committing gang related crimes. There is one law
that can be used in
any jurisdiction within the United States. That law is commonly known as
RICO.
The US Federal Racketeer Influenced and Corrupt Organizations Act
(RICO)
of 1970
was originally written to target organized crime. It allowed the courts
to attack "enterprises" that
engage in a "pattern of racketeering /5/."
Although the states who have enacted their own RICO statutes and the
federal legislation
originally designed the RICO statutes to prevent organized crime from infiltrating legitimate
businesses, the courts have routinely found that the statutes reach wholly criminal organizations.
Additionally, and despite popular belief to the contrary, the statutes
apply to entities that are not
connected to what traditionally is recognized as“organized crime.”
Accordingly, gang
investigators and prosecutors may avail themselves of the statutes /6./
Conducting a RICO Investigation
Long term RICO investigation in to large organized enterprises may
require a tremendous
amount of time and resources. For these reasons, investigators and
prosecutors should consider
applying for a grant and /or forming a multi-agency task force.
Different agencies have varying powers, talents, jurisdictions, street
knowledge and
resources. Serious considerations should be given to the formation of a
task force prior to
initiating a RICO investigation./7/ Agencies that should be considered to
be part of the task force
are local police departments, sheriff’s departments, state bureau of investigation, state
department of corrections investigators, U.S. Drug Enforcement
Administration (DEA), Bureau
of Alcohol, Tobacco and Firearms (ATF), U.S. Immigration and Customs
Enforcement (ICE),and/or U.S. Marshals Service.
RICO investigations can be complicated. Investigators must be as
organized as possible.
Gang File /8/
The gang file should contain:
• A list of all targeted gang members
• A listing of all relevant evidence
• A list of all known hangouts, locations of graffiti, crime scenes
(include
photographs)
Personal File /9/
Investigators should create a file for each gang member.
Each individual file should contain:
• Photograph of individual
• Criminal history including arrests and convictions
• Incidents reports involving the individual as a victim, witness, or
subject
Case Summary Report /10/
Investigators should create a Summary Report to keep track of all
sub-investigations and
incidents.
Informant Files /11/
Investigators must keep detailed information on all informants.
The individual informant file should contain:
• Informant’s biographical information
• Arrest and probation history
• Reason for cooperating
Vehicle Files /12/
All known vehicles used by gang members should be listed for two
reasons:
• Possible seizure and forfeiture
• Vehicle may be used in a criminal act
The above suggestions are not all inclusive. As with any investigation,
a gang related
investigation is only limited by the investigator’s imagination. Other
investigative tools that
should be considered are undercover police operations, recorded
statements (preferred over nonrecorded),
video taped interviews, meetings or events, written and transcribed
statements, search
warrants, wired police cars and/or holding cells.
Conclusion
Gangs and gang violence can be seen everywhere. In some areas the
problem is
uncontrollable and the drugs and violence are running rampant. Gang
investigators using RICOto investigate and prosecute can make a huge difference.
Sources
1 OJJDP - www.ncjrs.org/pdffiles1/ojjdp/fs200401.pdf
2 OJJDP - www.ncjrs.org/pdffiles1/ojjdp/fs200401.pdf
3 OJJDP - www.ncjrs.org/pdffiles1/ojjdp/fs200401.pdf
4 OJJDP - www.ncjrs.org/pdffiles1/ojjdp/fs200401.pdf
5 Religious Tolerance Org – www.religioustolerance.org/abo_rico.htm
6 Miami-Dade County Strike Force
7 Miami-Dade County Strike Force
8 Miami-Dade County Strike Force
9 Miami-Dade Country Strike Force
10 Miami-Dade County Strike Force
11 Miami-Dade County Strike Force
12 Miami-Dade County Strike Force
