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The Valachi (McClellan) Hearing

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Morgan Rhinehart

on 26 February 2014

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Transcript of The Valachi (McClellan) Hearing

The McClellan (Valachi)
Hearings &
RICO Statute

Morgan Rhinehart
February 26, 2014

RICO Claims
Major League Baseball
Pro-Life Activists
LAPD
PA Common Pleas Judges
AccessHealthSource
Insider trading
Crime Families
1931-1959
1959
Sentence to 20 years on narcotics charges
1962
An Introduction to Joseph Valachi
Luchese Family
Maranzano Family
Genovese Family
Received the "kiss of death"
from Vito Genovese;
Killed another inmate
INFORMANT
U.S. Bureau of Narcotics, Justice Dept. FBI,
U.S. Senate Permanent
Sub-committee on Investigations
The McClellan (Valachi) Hearings
Permanent Subcommittee on Investigations
U.S. Senate
Committee on Gov. Operations
Subcommittee on Investigations
Chair: John McClellan (AK)
Org. crime investigations: '55-'73
Valachi Testimony: 1963
Joseph Valachi's Senate Testimony
One of few mafia members who violated the "omerta"
Identified 317 members of the mafia
Used the term Cosa Nostra
Described history and organization
Identified crime families throughout U.S.
5
2000 members
Racketeer Influenced and Corrupt
Organizations Act of 1970
Leader of a syndicate can be charged with crimes they ordered others to do
Focus on "racketeering": person who has committed at least two acts of racketeering activity in 10 years relating to the same enterprise.
Criminal and civil
Can be charged with racketeering
Can be sued for racketeering
Gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, dealing in a controlled substance.

Any act of bribery, counterfeiting, theft, embezzlement, fraud, obstruction of justice, slavery, money laundering, murder-for-hire.

Embezzlement of union funds, bankruptcy or securities fraud, criminal copyright infringement, acts of terrorism
"Laundry list" of racketeering offenses
Must prove existence of an enterprise and defendant's relationship to it
Invested proceeds from the pattern of racketeering activity
Acquired or maintained an interest throughout the pattern of racketeering activity
Conducted or participated in affairs through the racketeering activity
Conspired to do any of the three previous
Enterprise
Opposing Viewpoints
RICO's focus is on the Mob. "[RICO] will launch a total war on organized crime and we will end this war."
-President Richard Nixon
vs.
RICO was never intended to merely apply to the Mob. "We don't want one set of rules for people whose collars are blue and whose names end in vowels and another for [everyone else]"
-Robert Blakey, RICO Drafter
Critics of RICO
Breach of Constitutional separation of powers between federal and state
Adds no new criminal behavior, only weapons to a prosecutor's arenal
Expansive nature makes it a penalty enhancer and bargaining tool
Full transcript