Jones, a New York building inspector who accepts bribes from developers is charged with violating the New York official misconduct statute. His trial in state court results in an acquittal. Smith, another building inspector who also accepts bribes, is later charged with official misconduct under the same statute, but the trial court dismisses the case because the prosecution is barred by the New York statute of limitations. A year later, a federal grand jury indicts Jones and Smith for violating Racketeer Influenced and Corrupt Organizations Act (RICO), citing only violations of the New York official misconduct statute as predicate crimes.
IRAC
ISSUE: Does the RICO indictment properly allege offenses that are chargeable and punishable under New York law?
Compare: United States v. Davis, 576 F.2d 1065 (3d Cir. 1978), and United States v. Frumento, 563 F.2d 1083 (3d Cir. 1977), and Von Bulow v. Von Bulow, 634 F. Supp. 1284 (S.D.N.Y. 1986), with United States v. Louie, 625 F.Supp.1327 (S.D.N.Y. 1985).
Please cite 3 UNITED STATEA applicable federal regulations, statutes or cases in support of your analysis.
Sample Solution
The CEO of this organization attempts to create an ideal and unique image of what the organization can become and shares this vision with the leadership team. This mainly consists of discussion at quarterly leadership meetings. The CEO projects a positive and hopeful outlook in hopes of generating enthusiasm and excitement for the vision from the leadership team through the use of metaphors, symbols, positive language, and personal energy. The CEO has a tendency to focus on opportunities that health care changes present rather than the disciplinary actions for not following new guidelines. The CEO also attempts to enable the leadership team to act by fostering collaboration through building trust among the team and developing competence. This practice consists of involving the leadership team in planning and gives them the feeling of having freedom of choice in the decision-making. This allows employees to do their job while, hopefully, realizing their full potential. This is accomplished by stimulating the group to be creative and innovative while challenging their beliefs (Manss). The goal of this practice is to foster an environment of trust and help each person feel capable and powerful within the organization. This practice considers the needs and interests of the employees and lets them feel as if they carry ownership and responsibility within the organization. A goal of transformational leadership is to stimulate and inspire followers to both achieve extraordinary outcomes and, in the process, develop their own leadership capacity (Jacobson, Anderson, 831). This has led to clinicians becoming increasingly engaged in operations including improvements to service lines.>
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The CEO of this organization attempts to create an ideal and unique image of what the organization can become and shares this vision with the leadership team. This mainly consists of discussion at quarterly leadership meetings. The CEO projects a positive and hopeful outlook in hopes of generating enthusiasm and excitement for the vision from the leadership team through the use of metaphors, symbols, positive language, and personal energy. The CEO has a tendency to focus on opportunities that health care changes present rather than the disciplinary actions for not following new guidelines. The CEO also attempts to enable the leadership team to act by fostering collaboration through building trust among the team and developing competence. This practice consists of involving the leadership team in planning and gives them the feeling of having freedom of choice in the decision-making. This allows employees to do their job while, hopefully, realizing their full potential. This is accomplished by stimulating the group to be creative and innovative while challenging their beliefs (Manss). The goal of this practice is to foster an environment of trust and help each person feel capable and powerful within the organization. This practice considers the needs and interests of the employees and lets them feel as if they carry ownership and responsibility within the organization. A goal of transformational leadership is to stimulate and inspire followers to both achieve extraordinary outcomes and, in the process, develop their own leadership capacity (Jacobson, Anderson, 831). This has led to clinicians becoming increasingly engaged in operations including improvements to service lines.>
