White Collar Crime Assignment 4

White Collar Crime Assignment 4 - Facts Todd Martin a...

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Facts Todd Martin, a 25-year-old entrepreneur, was on his way to taking in $2 million per month. He owned a Ferrari, a BMW, four Mercedes-Benzes, and had recently moved into a $1.1 million home. Todd’s luxurious lifestyle was furnished wholly from money made due to his Internet activities as the notorious spammer, Hanzel. After discovering that Todd had been violating anti- spamming laws. as well as performing illegal conduct on the Internet such as selling cable descramblers and fake college degrees, federal agents raided Todd’s office and seized $4.2 million in assets. Todd is furious and subsequently leaves a message with your supervising attorney, inquiring about the government’s ability to seize his assets when he has not yet had a trial. Issue The issue in this case is whether the government has the ability to seize Todd’s assets when he has not yet had a trial. Rules H. J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229 (1989) This case is about review of a judgment of a complaint alleging that a telephone company violated RICO, 18 U.S.C.S § 1962. The complaint was dismissed because petitioners failed to allege facts that were sufficient to satisfy the restrictive test. The test applied in this case needed to show a pattern of racketeering activity that requires proof of multiple illegal schemes. The court rejected the test and held criminal conduct formed a pattern if it embraced criminal acts
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  • Fall '19
  • NoProfessor
  • criminal law, Racketeer Influenced and Corrupt Organizations Act

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