2008 Woodie Awards
Al-Arian faces tough mob law
Rob Brannon--The Oracle (U. South Florida)
Issue date: 2/26/03 Section: Opinion
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(U-WIRE) TAMPA, Fla. - There are the wiretaps. There is the Palestinian Islamic Jihad's family-like hierarchy. There are the alleged "front" organizations, one of which is the University of Southern Florida.
A good read of Sami Al-Arian's federal indictment leaves at least one unmistakable feeling: The government is accusing Al-Arian of being the godfather.
Seem like a stretch? When Al-Arian walks into the courtroom Tuesday for his bail hearing, he will sit opposite Walter Furr, the deputy chief attorney for organized crime, who is prosecuting the case for the government.
But Mafia buffs will find an even deeper connection. Al-Arian will be tried using the Racketeering Influence and Corrupt Organizations Act, better known as RICO.
The act itself was drafted with the expressed purpose of breaking up underground organizations. As a part of the Organized Crime Control Act of 1970, it was developed by University of Notre Dame professor Robert Blakey. However, the idea for the bill may have first been developed years before the Mafia became a nuisance for law enforcement, which watched with bruised egos as underworld leaders developed multimillion-dollar illegal enterprises.
It has been reported that Blakey, considered an expert in drafting laws on such constitutionally shady areas as wiretap surveillance, wrote the RICO law as a tribute to the slain Robert Kennedy, who was known for his stern anti-Mafia stance. Critics of the law gleefully point out that such a tribute is misguided in that much of the Kennedy wealth was gained by family patriarch Joseph Kennedy in illegal prohibition-era dealings with Mafia members.
The RICO law allows for racketeering convictions. But it goes much further than that. It allows a jury to convict a person for being a member of a criminal conspiracy. Therefore, if the government can prove that a person is a member of a criminal organization such as the Mafia, he or she may be convicted for crimes committed by the organization, even if that person is not present or has little knowledge of the actual event.
A good read of Sami Al-Arian's federal indictment leaves at least one unmistakable feeling: The government is accusing Al-Arian of being the godfather.
Seem like a stretch? When Al-Arian walks into the courtroom Tuesday for his bail hearing, he will sit opposite Walter Furr, the deputy chief attorney for organized crime, who is prosecuting the case for the government.
But Mafia buffs will find an even deeper connection. Al-Arian will be tried using the Racketeering Influence and Corrupt Organizations Act, better known as RICO.
The act itself was drafted with the expressed purpose of breaking up underground organizations. As a part of the Organized Crime Control Act of 1970, it was developed by University of Notre Dame professor Robert Blakey. However, the idea for the bill may have first been developed years before the Mafia became a nuisance for law enforcement, which watched with bruised egos as underworld leaders developed multimillion-dollar illegal enterprises.
It has been reported that Blakey, considered an expert in drafting laws on such constitutionally shady areas as wiretap surveillance, wrote the RICO law as a tribute to the slain Robert Kennedy, who was known for his stern anti-Mafia stance. Critics of the law gleefully point out that such a tribute is misguided in that much of the Kennedy wealth was gained by family patriarch Joseph Kennedy in illegal prohibition-era dealings with Mafia members.
The RICO law allows for racketeering convictions. But it goes much further than that. It allows a jury to convict a person for being a member of a criminal conspiracy. Therefore, if the government can prove that a person is a member of a criminal organization such as the Mafia, he or she may be convicted for crimes committed by the organization, even if that person is not present or has little knowledge of the actual event.