The Conservative Cave
Current Events => Politics => Topic started by: SSG Snuggle Bunny on October 08, 2008, 06:39:58 PM
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OK kids. I've been reading up on RICO statutes and how they might relate to ACORN.
While RICO is primarily a criminal statute it can be used in civil cases.
In order to file a civil case you have to show:
1) standing - we are citizens of the US and are subject to electoral results. this is bolstered if you happen to live in a voting district/state effected by ACORN activity
2) have suffered harm or will suffer imminent harm - we will have been denied the right to our votes fairly counted
3) certitude of relief - by declaring ACORN a criminal enterprise its officers are subject to criminal prosecution and its assets can be seized
To qualify under RICO statutes the defendent has to have committed 2 of the enumerated offense within the past 10 years. Fraud and racketeering are two of the 35 offenses and ACORN agents have numerous convictions. Toss in their sub-prime mortage shenanigans and SLAPP (nuisance lawsuits to intimidate defendents) violations against banks and it starts piling-up fast.
Thoughts in general:
* going after Obama by name is a non-starter. No local judge will want to go down as the guy who spoiled a US election. Such a lawsuit would be laughed out of court.
* borrowing from the ACLU playbook the suit should be filed in a sympathetic district.
* the relief sought should be monetary penalties of sufficent amount to cripple the organization
* any monies remaining after court costs should be donated
Anyone know a good lawyer (and by good I mean vicious and hungry)?
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OK kids. I've been reading up on RICO statutes and how they might relate to ACORN.
While RICO is primarily a criminal statute it can be used in civil cases.
In order to file a civil case you have to show:
1) standing - we are citizens of the US and are subject to electoral results. this is bolstered if you happen to live in a voting district/state effected by ACORN activity
2) have suffered harm or will suffer imminent harm - we will have been denied the right to our votes fairly counted
3) certitude of relief - by declaring ACORN a criminal enterprise its officers are subject to criminal prosecution and its assets can be seized
To qualify under RICO statutes the defendent has to have committed 2 of the enumerated offense within the past 10 years. Fraud and racketeering are two of the 35 offenses and ACORN agents have numerous convictions. Toss in their sub-prime mortage shenanigans and SLAPP (nuisance lawsuits to intimidate defendents) violations against banks and it starts piling-up fast.
Thoughts in general:
* going after Obama by name is a non-starter. No local judge will want to go down as the guy who spoiled a US election. Such a lawsuit would be laughed out of court.
* borrowing from the ACLU playbook the suit should be filed in a sympathetic district.
* the relief sought should be monetary penalties of sufficent amount to cripple the organization
* any monies remaining after court costs should be donated
Anyone know a good lawyer (and by good I mean vicious and hungry)?
Edwards may be angry enough to turn. :-)
:rotf: