Deck 12: Sentencing Organized Crime Offenders

Question 1

Why was an assessment 30 years ago critical of the effort to prosecute and sentence organized crime cases?

Answer 1

There was "no agreement on what organized crime is," and, predictably, the government had "not developed a strategy" in fighting organized crime Similar conclusions were drawn in an evaluation of state and county "rackets bureaus" That report found "no consensus" about the type of criminal activity to be targeted A "variety of limitations" were found with agency jurisdictions, and training of police and prosecutors was found to be "woefully inadequate" An analysis of gambling prosecutions in 17 cities found "no system of accountability" to guide the prosecution effort A follow-up investigation four years later found improvement but underutilization of the law Only 50 RICO cases had been prosecuted since the earlier evaluation, and "no organized crime organizations" had been eliminated through prosecution

Question 2

How did the prosecution effort change in the mid-1980s to the present?

Answer 2

A series of significant prosecutions occurred beginning in the mid-1980s and continuing to the present (as outlined in Chapter 6). Existing laws, providing for extended penalties and asset forfeitures, were employed in many of these cases

Question 3

How do sentences in organized crime cases compare to sentences for white-collar crimes or street crimes?

Answer 3

The incarceration rate of organized crime offenders is higher than that for either "street" criminals or white-collar offenders A study of white-collar offenders found that 60 percent are incarcerated, while 67 percent of conventional criminals who commit crimes of violence or property crimes are incarcerated In comparison, 90 percent of RICO, CCE, and federal drug conspiracy offenders are incarcerated

Question 4

What is the reason for this difference in incarceration rates i.e., longer organized crime sentences?

Question 5

For which types of organized crime conviction s are sentenced the longest?

Question 6

How would you characterize trends in organized crime prosecutions from 2003-2009, in terms of sentences imposed?

Question 7

Taking all federal organized crime prosecutions together, what is the average prison sentence?

Question 8

Have trends in organized crime sentences been increasing or decreasing?

Question 9

How did the nature of the predicate offenses change in RICO cases from the 1970s to the 1990s?

Question 10

What are possible reasons for this shift in the nature of organized crime activity prosecuted?

Question 11

Describe the age, sex, and race of typical convicted organized crime offenders.

Question 12

What are the only offenses for which a significant proportion of offenders are in their twenties?

Question 13

Compare the backgrounds of convicted organized crime offenders with street criminals serving time in state prison.

Question 14

Why do you believe three-quarters of organized crime offenders have been incarcerated before?

Question 15

Why is asset forfeiture increasingly used in organized crime cases?

Question 16

Civil forfeitures do not require a criminal conviction. What is their usual target?

Question 17

Why was the Organized Crime Drug Enforcement Task Force OCDETF) established in 1983?

Question 18

How does forfeiture offer the opportunity to disrupt continuing illicit enterprises?

Question 19

What are the three concerns that have arisen in the seizure and disposition of property in assets forfeiture cases?

Question 20

What is the procedure for a civil forfeiture?

Question 21

What is the "relation-back" doctrine?

Question 22

How are innocent third parties protected in civil forfeiture proceedings?

Question 23

What are the most commonly seized assets?

Question 24

What is done with seized property?

Question 25

Why is there controversy over the use of seized assets by some local police agencies?

Question 26

What are some other new sanctions being used in organized crime cases in addition to forfeiture?

Question 27

Why has the government engaged in ongoing monitoring of union activities in some industries?

Question 28

What has the impact been of such union oversight?

Question 29

How have threatened civil actions by the government deterred organized crime activity?

Question 30

How was public education used as part of the outcome of the case against HYPERLINK "http://www.isonews.com/" www.iSONEWS.com, which provided information about pirating X-box video games?

Question 31

How has the Organized Crime Task Force (OCTF) in Northern Ireland and the Serious Organised Crime Agency (SOCA) in the United Kingdom involved public education in their efforts against organized crime?