Rules

Question 1

Material Support to Terrorism Statute

Answer 1

Title 18 S. 2339 A/B

Question 2

RICO

Answer 2

• Section 1962
• does not merge with predicate offenses
• If you are anywhere on the corporate ladder - you are covered under the statute

If you are an outsider more is needed

• Elements:
  
  1. enterprise
  2. association with/or employment
  3. connection to commerce
  4. conduuct –> participation which means some degree of control
  5. pattern of racketeering activity

Question 3

Racketeering “pattern” for RICO

Answer 3

Test:

1. Related
2. Continued

• patter of at least 2 racketeering activity
• the 2 crimes have to happen within 10years of another

Question 4

Mail Fraud

Answer 4

18 USC 1341

Question 5

Wire Fraud

Answer 5

18 USC 1343

Question 6

Mail/Wire Fraud Elements

Answer 6

1. use of either mail or wire
2. scheme to defraud
3. involving material deception
4. with intent to deprive someone of
5. property

Question 7

Scheme or Artifice to Defraud Statute

Answer 7

18 US 1346

Question 8

Bribery of Public Officials & Witnesses Statute

Answer 8

18 USC 201

Question 9

Program Bribery Statute

Answer 9

18 USC 666

Question 10

DOJ Petite

Answer 10

Absent any substantial federal interest, the DoJ should not prosecute in federal court for someone convicted in State court for the same offense

Question 11

242

Answer 11

• Willful Deprivation of Rights under Color of Law
• Skilling makes this a specific intent crime

Question 12

Laundering Statute

Answer 12

18 USC 1956 & 1957

Question 13

2 Mens Reas of 1956 Money Laundering

Answer 13

1. With intent to
   
   1. Promote the carry on unlawful activity
   2. Or to violate IRC
2. Or Knowing the property involved in a financial transaction represents the proceeds from some form of unlawful activity
   
   1. to conceal or disguise the proceeds of unlawful activity
   2. Or to avoid a transaction reporting requirement

Question 14

3 Types of Forefitures

Answer 14

1. Criminal
   
   • Criminal statutes authorizing
   • Stick count in indictment to show things used in or furtherance of the crime
   • Proof beyond a reasonable doubt
2. Civil
   
   • Government has to prove by a preponderance of the evidence that the things were used in the process of or whatever - burden on govt
3. Administrative
   
   • Requires someone to contest by a preponderance of the evidence to show its theirs and they got it legally - burden on you
   • Limited to up to $500,000
   • Used a lot federally because It goes back to police

Question 15

Drug Statute

Answer 15

21 USC 841

Question 16

Sentencing

Answer 16

1. begin all sentencing proceedings by correctly calculating the applicable Guidelines range. SEE BELOW … The Guidelines are not the only consideration, however. Accordingly, after
   
   1. Select Offense Guideline
   2. Determine the Offense Level
      
      • base level
      • specific offense characteristic
   3. Apply Chapter 3 Adjustments (upward or

downward)

4. Determine criminal history category
5. Find the sentencing range from the sentencing

table

2. giving both parties an opportunity to argue for whatever sentence they deem appropriate, the district judge should then
3. consider all of the § 3553(a) factors to determine whether they support the sentence requested by a party. In so doing, he may not presume that the Guidelines range is reasonable. He must make an
4. individualized assessment based on the facts presented.
5. If he decides that an outside-Guidelines sentence is warranted, he must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance. We find it uncontroversial that a major departure should be supported by a more significant justification than a minor one. After settling on the appropriate sentence, he must
6. adequately explain the chosen sentence to allow for meaningful appellate review and to promote the perception of fair sentencing.

Safety Valve - how to get out of mandatory min

1. Prosecutor Certifies substantial assistance
2. Safety valve Page 638 Note 3 Statute 3553(f)

Note that prosecutor is the only person who can make these recommendations but that the judge can ignore them

Question 17

What is the offense of structuring?

Answer 17

Avoiding the reporting requirement of deposits of money

Question 18

Hobbs Act Statute

Answer 18

18 USC 1951

Question 19

Hobbs Act Extortion Elements

Answer 19

1. The extortion offense reaches both the obtaining of property “under color of official right” by public officials and the obtaining of property by private actors with the victim’s “consent, induced by wrongful use of actual or threatened force, violence, or fear,” including fear of economic harm.
2. extortion of property under color of official right does not require that a public official take steps to induce the extortionate payment

Question 20

Quid Pro Quo & the Hobbs Act

Answer 20

Quid pro quo is essential for Hobbs Act violation by public official receiving a political campaign contribution

Question 21

Entrapment

Answer 21

• Defense to Entrapment is Inducement by government official
• Prosecutor has to show he would have done it anyways
  
  • if state brings too good of a deal it wont work

Question 22

Difference between between Material Support 2339 A & B

Answer 22

Under 2339A the material support must be provided in aid of specific offenses, while under B it is that the support is provided to specific organizations. Thus, different mensrea, but same penalties.