Ex-Judges Facing Wrath of RICO

Former Luzerne County judges Michael T. Conahan and Mark A. Ciavarella Jr. face a bleak future now that they've been indicted under the federal RICO statute, according to the University of Notre Dame law professor who wrote it.

"They're going to go to jail for a long time and they're going to be broke," said G. Robert Blakey, who drafted the Organized Crime Control Act, which includes RICO, while serving as chief counsel to a U.S. Senate subcommittee in the early 1970s.

RICO, or the Racketeer Influenced and Corrupt Organizations Act, allows prosecutors to bundle crimes committed by members of a group and show a pattern of wrongdoing when presenting their case to a jury.

"What it allows is diverse crimes to be joined in one proceeding," said Mr. Blakey, considered the foremost authority on RICO. "It changes the rules of evidence. They have to prove more than just one charge. They're permitted to prove more."

RICO also gives prosecutors enhanced powers to seize defendants' assets.

"Normally, the government doesn't try to seize what you stole, the banks do. In this situation, every dime you made illicitly is going to belong to the government," Mr. Blakey said. "If they can't find it, they can get a judgment against your general assets.

"Those guys are going to be wiped out and they deserve to be," Mr. Blakey said of the former judges.

Former Luzerne County judges Michael T. Conahan and Mark A. Ciavarella Jr. face a bleak future now that they've been indicted under the federal RICO statute, according to the University of Notre Dame law professor who wrote it.

"They're going to go to jail for a long time and they're going to be broke," said G. Robert Blakey, who drafted the Organized Crime Control Act, which includes RICO, while serving as chief counsel to a U.S. Senate subcommittee in the early 1970s.

RICO, or the Racketeer Influenced and Corrupt Organizations Act, allows prosecutors to bundle crimes committed by members of a group and show a pattern of wrongdoing when presenting their case to a jury.

"What it allows is diverse crimes to be joined in one proceeding," said Mr. Blakey, considered the foremost authority on RICO. "It changes the rules of evidence. They have to prove more than just one charge. They're permitted to prove more."

RICO also gives prosecutors enhanced powers to seize defendants' assets.

"Normally, the government doesn't try to seize what you stole, the banks do. In this situation, every dime you made illicitly is going to belong to the government," Mr. Blakey said. "If they can't find it, they can get a judgment against your general assets.

"Those guys are going to be wiped out and they deserve to be," Mr. Blakey said of the former judges.

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Ex-Judges Facing Wrath of RICO

See also:
Judged Indicted in Fraud-Scheme

Judges Plead Guilty

Class Action Against Judges

When Judges Stain Our Kids

Kickback Scheme Judges Sued

Alleged Public Corruption