*NumbersUSA Alert* - E-Verify in Senate 7/31/08; 11:30am PT

American jobs at risk! Urge Republican Senators not to hand away American jobs!

This new phone call request has been posted in your Action Buffet based on your answers to the Interest Survey.

You can find this phone call request by proceeding to
http://www.numbersusa.com/phones?ID= 10361

Sen. Robert Menendez has put a hold on the reauthorization of the E-Verify program. As you know, E-Verify allows employers to determine the legality of their potential new hire. This program is up for reauthorization and many anti-American worker congressmen have been trying to hold the bill up.



Right now, Republican Senators are holding the line against Menendez' incredibly insensitive demands during a severe economic slow-down and soft job market.


But several of the Republicans are starting to negotiate with Menendez because he is indicating he might lift the hold if they give him only 100,000 permanent additional greencards.




All Republican Senators need to hear that they should not negotiate in any way with Menendez because Congress should not be increasing immigration by one greencard while American workers are being laid off.




The fact is that the Democratic leadership in the Senate knows that it can't kill the E-Verify program now that it has become so public. The Republican Senators should just demand that E-Verify go through as a clean bill like it did Wednesday in the House of Representatives.




There are indications that the Democratic Senate leadership wants to push the re-authorization of E-Verify through before the Senators leave town this weekend. There may be a vote tomorrow. Negotiations are furiously proceeding at the moment. We are in danger of bad decisions being made. Urge the Republicans to stay steady and hold the line. It is better to put this off until September than to rush it through and undermine America's skilled workers and the kids who are studying to become skilled workers.




You who are getting this request have indicated on your Interest Survey that you are closely connected to one of these skilled jobs that would negatively impacted. Please speak from your own experience and from your own self-interest when talking to the Senate office staff.



Call Republican Senators from your state and urge them to refuse any attempts to compromise on this. The United States does not need any more foreign workers.

It's time to charge this fool under the RICO ACT

Racketeer Influenced and Corrupt Organizations Act
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The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended penalties for criminal acts performed as part of an ongoing criminal organization. It also provides a civil cause of action for those injured by violations of the act. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted 1970-10-15). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. It was intended to make it easier to prosecute organized crime figures, but has been applied in several other cases as well.

It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey, refused to confirm or deny this.[1]

Summary
Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages.

When the U.S. Attorney decides to indict someone under RICO, he has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.[2]

There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal enterprise." The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. A civil RICO action, like many lawsuits based on federal law, can be filed in state or federal court. [1]

Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."[2]


[edit] RICO offenses
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.


[edit] Where RICO laws might be applied
Although some of the RICO predicate acts are extortion and blackmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with law enforcement or intelligence agencies.

Violations of the RICO laws can be alleged in cases where civil lawsuits or criminal charges are brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement, or against individuals or corporations who have sued or filed criminal charges against a defendant.

Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.


[edit] Famous cases

[edit] Hells Angels Motorcycle Club
In 1979, the United States federal government went after Sonny Barger and several members and associates of the Oakland chapter of the Hells Angels using RICO. In United States of America v. Ralph Barger, Jr., et al, the prosecution team attempted to demonstrate a pattern of behavior to convict Barger and other members of the club of RICO offenses related to guns and illegal drugs. The jury acquitted Barger on the RICO charges with a hung jury on the predicate acts: "There was no proof it was part of club policy, and as much as they tried, the government could not come up with any incriminating minutes from any of our meetings mentioning drugs and guns".[3][4].


[edit] Frank Tieri
On November 21, 1980, Genovese crime family boss Frank "Funzi" Tieri was the first Mafia boss to be convicted under the RICO Act.[citation needed]


[edit] Key West PD
In June 1984, the Key West Police Department in Monroe County, FL was declared a criminal Enterprise under the Federal RICO statutes after a lengthy United States Department of Justice investigation. Several high-ranking officers of the department, including Deputy Police Chief Raymond Cassamayor, were arrested on federal charges of running a protection racket for illegal cocaine smugglers. [5] At trial, a witness testified he routinely delivered bags of cocaine to the Deputy Chief's office at City Hall. [6]


[edit] Michael Milken
On March 29, 1989, financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken plead guilty to six lesser offenses rather than face spending the rest of his life in prison.

On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was also threatened with a RICO indictment under the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by pleading guilty to lesser felonies; a RICO indictment would have almost certainly put Drexel out of business since its capital would have been tied up in its defense,[2] and banks will not extend credit to securities firms under RICO indictments.


[edit] Major League Baseball
In 2002, the former minority owners of the Montreal Expos baseball team filed charges under the RICO Act against Major League Baseball commissioner Bud Selig and former Expos owner Jeffrey Loria, claiming that Selig and Loria deliberately conspired to devalue the team for personal benefit in preparation for a move.[citation needed] If found liable, Major League Baseball could have been found liable for up to $300 million in punitive damages. The case lasted for two years, successfully stalling the Expos' move to Washington or contraction during that time. It was eventually sent to arbitration and settled for an undisclosed sum,[citation needed] permitting the move to Washington to take place.


[edit] Pro Life Activists
RICO laws were unsuccessfully cited in NOW v. Scheidler, a suit in which certain parties sought damages and an injunction against pro life activists who physically block access to abortion clinics.


[edit] Mohawk Industries
On April 26, 2006 the Supreme Court heard Mohawk Industries, Inc. v. Williams, which concerned what sort of corporations fell under the scope of RICO. Mohawk Industries had allegedly hired illegal aliens, in violation of RICO. The court was asked to decide whether or not Mohawk Industries, along with recruiting agencies, constitutes an 'enterprise' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.[7]


[edit] Latin Kings
On August 20, 2006 in Tampa, Florida most of the state leadership members of the street gang, the Latin Kings, were arrested in connection with RICO conspiracy charges to engage in racketeering and currently await trial. The operation, called "Down Crown," targeted statewide leadership of the Latin Kings. The raid occurred at the Caribbean American Club. Along with Tampa sheriff’s deputies, agents with the Tampa PD, the State Attorney’s Office, the FBI, Immigration and Customs Enforcement and the federal Bureau of Alcohol, Tobacco and Firearms were involved in the operation. Included in the arrest were Luis Hernandez, Celina Hernandez, Michael Rocca, Jessica Ramirez, Reinaldo Arroyo, Samual Alvarado, Omari Tolbert, Edwin DeLeon, and many others, totalling 39.


[edit] Gambino Crime Family
Also, in Tampa, on October 16, 2006, four members of the Gambino Crime Family (Capo Ronald Trucchio, Terry Scaglione, Steven Catallono and associate Kevin McMahon) were tried under RICO statutes, found guilty and sentenced to life in prison.


[edit] In Popular Culture

[edit] The Dark Knight
The RICO laws are mentioned in the popular 2008 film, The Dark Knight. The laws are used as a method of tying together a group of conspirators that may not be linked together solely by organizational ties.

http://en.wikipedia.org/wiki/Racketeer_ ... ations_Act

Thanks for the heads up Phred. Alot going on today.

RICO LAW: Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.

[update]

*

Update
Emergency: Immigration Subcommittee Votes Today on Foreign Worker Importation Bill

Thursday, July 31, 2008, 11:46 AM

Rep. Zoe Lofgren (D-Calif.)

Today, the Immigration Subcommittee of the House Judiciary Committee will vote on a bill (H.R.5882) that would create more than 500,000 permanent visas for foreign workers. These are simple "skilled" visas, where an individual doesn't need any specialized training or education. As such, the legislation would keep a half-million Americans out of work. H.R 5882 mirrors the changes that Sen. Robert Menendez (D-N.J.) is seeking in exchange for his “holdâ€

This is getting confusing today...I have called all the immigration sub-committee reps and followed up with a fax. Now I am targeting Republican senators concerning e-verify..anyone in particular?.

Gormert's office said they are getting a lot of calls from immigrants saying they are for the 500,000 visas for foreign workers. We need more calls the other way on this.

Quote:

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Originally Posted by working4change

This is getting confusing today...I have called all the immigration sub-committee reps and followed up with a fax. Now I am targeting Republican senators concerning e-verify..anyone in particular?.

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It would be the whole House Immigration Subcommittee (list above with the Congressional switchboard number) then the Republican Senators against the Menendez amendment for 100,000 permanent visas. See my above post that immigrants are asking for this to pass. Gomherts office said a lot of immgrant calls today.

Thanks GoGo. Working on it now :)