Exam 12: Sentencing Organized Crime Offenders

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Why is asset forfeiture increasingly used in organized crime cases?

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Asset forfeiture is seen as a way to undermine the fiscal structure and even the survival of an organized crime group by seizing illicitly obtained cash and any property involved in criminal activity

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

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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

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

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Only 61 percent of conventional criminals have, so it is probably due to the younger ages of street criminals, who have not had as much time to break the law Also, most organized crime offenders are career criminals

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

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

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

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

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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?

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

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

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Have trends in organized crime sentences been increasing or decreasing?

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

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How are innocent third parties protected in civil forfeiture proceedings?

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What are the most commonly seized assets?

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

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What has the impact been of such union oversight?

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What is the procedure for a civil forfeiture?

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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?

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

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

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