Devilwolf Posted July 12, 2008 Share Posted July 12, 2008 Should we start to lobby the govt directly or lobby our professional organization lobby on our behalf for RICO laws in the USA to be used against spammers and spammer support operations. The anti-money laundering part really ties them all together, because under US legal precedents any money the spammer earns is dirty, and any money earned by parties helping him/her is also dirty, and dirty money is assumed guilty (it can be seized with very little requirement for proof of guilt by the holders of the money/assets. Most of the rackets the spammers run comes under the federal definition of racketeering (see below, in bold). US laws are extraterritorial (they apply to everyone, everywhere if their actions have an impact on US (Noriega vs DOJ), and the US can legally extradite anyone by force to the US if their actions cause harm to American Citizens or property. Under the law, racketeering activity means: * Any violation of state statutes against gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act); * Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18); * Embezzlement of union funds; * Bankruptcy or securities fraud; * Drug trafficking; * Money laundering and related offenses; * Bringing in, aiding or assisting aliens in entering the country (if the action was for financial gain); * Acts of terrorism. Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity. The U.S. Supreme Court has instructed federal courts to follow the continuity plus relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." H.J. Inc. v. Northwestern Bell Telephone Co. Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition. Link to comment Share on other sites More sharing options...
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