philly.2

Kefauver Hearings 

It must be said that former FBI head,J. Edgar Hoover,flat out denied the existence of a “secret society: of criminals e.g the mafia. This is a very important part of the earn as more and more people started to feel that Hoover was incorrect in his assessment. 

  • We will explore why Hoover felt this way, too.



  • The official title of this is “United States Senate Special Committee to Investigate Crime in Interstate Commerce.”

  • Sometimes also referred to as the Kefauver Committee.

  • Senator Estes Kefauver from Tennessee was the Chairman of this committee

  • This committee existed from 1950s-1951 and it essentially investigated organized crime that “crossed state borders in the United States.”

Kefauver Committee(contd)

  • The first hearing was conducted on May 26.1950 and the commute reported that widespread corruption allowed the syndicates to flourish

  • Organized Crime and Organized criminal activity

  • In 1951, Costello appeared before the Kefauver Committee and was exposed on national television as a major crime figure

Apalachin Meeting

-Considered to be the biggest debacle of organized crime, the Apalachin Meeting was another important step for the criminal justice system in recognizing and investigating organized crime.

- 1957 meeting at Apalachin at the house of Joseph Barbara was a summit.gathering of many top bosses in organized crime

- Some of the main topics to be discussed were the death of Albert Anastasia (and who would take over him), business and other things such as narcotics and gambling. It is said that over 100 members of the mafia were in attendance

Rember, it was still fully accepted, or a t least talked about the mafia actually existing at this point

Local Police started to notice out of state(an fancy) cars in the areas, and they got suspicious

  • Eventually, law enforcement set up roadblocks and raided house

  • Mafia members were literally scrambling to avoid arrest. Ironically,most of them would not have been arrested as there were no crimes being committed.

  • After this happened, it was harder for the FBI to admit the existence of the mafia,but there were still doubters.

  • One of the more comical and well known “excuses” for having so many mafia members there was that the homeowner, Joe Barbara, was sick and they all went to wish him well.

  • The aftermath was one of high embarrassment by the FBI and the mafia. Also,many members (58 in total) were arrested and fined and some were sentenced to prison time. However, all convictions were overturned on appeal

Valachi Hearings

  • Often cited as the las of the trifecta of events that led investigators to fully understand the most important aspects of the mafia(or La Cosa Nostra)

  • In 1963, Joseph Valachi testified about the inner workings of the mafia and he s given credit for being the first to fully expose how the mafia was run from the inside

  • Valachi is also given credit (by most) for being the first to use the term, La Cosa Nostra, in public

  • Valachi’s testimony never directly led to the arrest and conviction of anyone, Valachi simply, essentially, gave testimony about the existence of organized crime

Why did Valachi testify?

  • There are a few theories, any of which could have played a role in Valachi’s decision

  • One reason was to avoid further punishment for a murder he committed while in prison (in 1962). Valachi thought he got the “kiss of death” by boss, Vito Genovese

  • Instead of waiting to become a victim, Valchi got a pipe and beat a man, who Valachi mistook for a mafia hitman named Joe DiPalermo. However, the man he killed was not a hitman

  • Valachi was also said to have testified because he felt, perhaps correctly, that the mafia ruined his life and testifying was his way to exact revenge.

  • Another, less likely reason, was that Valachi would be paroled earlier due to “helping” the FBI. This has no merit in general.

  •  Valachi (and Genovese) were both in prison for heroin trafficking. This type of crime was still not allowed, under the traditional rules, so that type of conviction may have made Valachi more a little more jumpy, too

  • Nobody knows for sure, Valachi never really explained. He died in prison in 1971, and a bounty on his head, some say of $100,000, was never collected.

  • As a side note, it is an accepted nugget of information that the scene where Michael Corleone testifies in the Godfather 2 is modeled after the Valachi testimony.


RICO

  • The Racketeering Influenced and Corrupt Organization (18 U.S.C. 1961) is the official title of RICO. It was passed in 1970, written by G. Robert Blakey who is known as the “Godfather of RICO.” It is Title IX of the Organized Crime Control Act (1970)


  • RICO, in short, made it a crime to be part of an organization whereby leaders can be prosecuted for giving orders under the criminal enterprise they share with underlings. In theory, this closed a legal loophole whereby the person who ordered a killing, for example, to not be charged with that killing if they did not in fact commit the act

  • In short, a person who is a member of an enterprise that has committed any two of thirty-five crimes- 27 federal crimes and 8 state crimes

  • within a 10 year period can be charged with racketeering.

  • We will look at the website provided before for more on RICO.

WITSEC

  • WITSEC is what is commonly referred to as witness protection

  • WISTEC ( actually means witness security)

  • For some clarity, let's look at the following link.

  • Using this has created a massive shift in omerta violations. In reality, omerta is pretty meaningless for the most part these days for various reasons.

Henry Hill

  • Henry Hill was a half-Irish and Half-Italian gangster during the 1960s and 1980s era

  • He was associated with the Lucchese crime family, one of the five families from New York

  • Hill was an extreme con man, drug dealer, and money maker working directly with james Burke (Jimmy Conway from Godfather) under capo Paul Vario (Named Paul Cicero in Goodfellas)

  • Hill was dealing drugs for a long time, which would have had him killed if he was caught

Why is Henry Hill so important to this course and organized crime?

  • On April 17,1980, Henry Hill was arrested for narcotics offenses.

  • Facing near certainty of being whacked, Henry Hill decided to become a witness for the government and testify against his associates

  • While he was never formally a made man, Henry Hills testimonies blew open several cases for the investigators of organized crime

  • By testifying and getting what was considered to be a sweet deal, also having his life saved, there are several people who look to this (and Sammy Garvanos deal) as a roadmap for becoming witnesses.

  • The sheer impact of these people testifying early on was felt throughout the 1980s until today, where there are so many who became government witnesses, crippling the mob.

Where are we now? 

  • There are so many cases of those who have become government witnesses (or “rats”) that most people involved in the mafia do not really want to be the boss.

  • All of the events discussed earlier have made it very hard for organized crime to exist as it once did. 

  • Many of those involved in organized crime will argue that the laws and related things such as WITSEC are unfair in the procedural sense. 





History of Organized Crime in the United States


  • As we moved into the late 1970s and got into the 1980s, organized crime drastically changed.

  • RICO and other investigations put a massive dent in membership. It was clear by the early 1990s that the “Golden Age” of the Italian Mafia was over.

  • As we will discuss , many high ranking people in the mafia violated the code of omerta and testified for the investigators.

  • Ralph Natale (more on him later)

  • As we sit in today, the Italian mafia has been weakened but it is not dead. Outlaw Biker Gangs have maintained strength throughout the years, and they remain a formidable group.


Investigating Organized Crime

  • Where does the criminal justice system get information on organized crime?

  • There are two main states that are important, they are the Hobbs Act (1946) and rico (1970)

Investigating Organized Crime

  • The Hobbs Act (1946)  was the first major Act that tried to deal with organized crime.

  • Enacted in 1946

  • One of the earliest statutes to deal with activity associated with organized crime

  • Made it a federal crime to obstruct or interfere with interstate commerce.

  • Examples of obstruct include extortion, bribery, and robbery.

  • This act also made it a crime to travel or use interstate facilities to an illegal activity.


Investigating Organized Crime

  • Intelligence sources may be classified as human,open,or technical. Keeping in mind the general sacredness (and private nature) of organized crime,some of these will be hard to do:

  • Human sources are frequently used in organized crime investigations. These include informants, businesspeople, undercover officers, friends of targets,etc.

  • Open sources include any type of    publications,business records,vital statistics,court records,tax records,and financial records.

  • Technical intelligence is an evolving area, it includes digital and audio imagery and/or signal intelligence and “stakeouts”.


Investigating Organized Crime

RICO (1970)

  • It was penned by G. Robert Blakely.

  • The long name is the Racketeer Influenced and Corrupt Organizations Act.

  • RICO was controversial and it was used to address organized crime and white-collar crime.


RICO (continued) 

  • RICO also caused a lot of controversy,rather than proving criminal agreement or commission of specific crime, RICO allowas for prosecution of a pattern of crimes that are committed through an organization referred to in the statute as enterprise.

  • RICO also has enhanced penalties for those convicted under it.


Investigating Organized Crime

Money Laundering: is another important aspect of any organized criminal group. Essentially, money laundering is done to hide the organization of illegally gotten funds. Literally and figuratively, “washing away” the chain of possession of specific money. The “Money Laundering Cycle” has 3 distinct stages.

  1. Placement: the illegal proceeds are placed into the financial system unnoticed or transported outside the U.S.

  2. Layering: the funds go through a series of financial transactions in such frequency, volume, and complexity that they are difficult to trace and appear to be legitimate financial transactions.

  3. Integration: the funds are integrated into the economy in such a way that they appear to be derived from legitimate income. This is also the stage where they distinguish illicit from licit (i.e., legal) funds


Where Are We Now?

  • Will organized crime ever exist to the level it once did during the heyday(s)?

  • Likely not, but as we will discuss later this semester, Philadelphia has risen a bit from the ashes left behind during the post-Scarfo Era. 


Punishment and Sentencing (ch 5)


What is Punishment?

  • In general, punishments are used to change behavior. In other words, if a person does something wrong, there is a punishment handed down to hopefully stop that person from doing something wrong again. Also, the punishment may also influence others to not do something wring, too. This is called deterrence, and we will see more on that later.


  • Some examples of punishment for this course include fines, restitution, house arrest, probation, imprisonment, and even death. These are all allowed under the law.


  • Sometimes, there is a question of fairness in punishments handed down by the criminal justice system. This is an area we will be discussing at length this semester.

What is sentencing? 

  • Similar to punishment, sentencing is given out to,at least in theory,to change behavior of those who have been convicted. 

  • Sentences are also often (at least arguably) inconsistent in some cases,Again, this is an area we will be discussing at length during the semester 

  • Sentences,just like punishments,include anything from fines to the death penalty and everything in between 

  • Who has the power to hand down punishment? In general,will judges be the parties responsible for doing this? 

  • When giving out sentences, aggravating and mitigating circumstances are considered.


Aggravating And Mitigating Circumstances

  • Aggravating circumstances (or aggravators) are things that make the crime and (at least in theory) the punishment worse. For example, killing a police officer or committing a hate crime are almost always considered to be aggravating circumstance, which may lead to harsher sentences

  • Mitigating circumstances (or “mitigators”) are the opposite of aggravating circumstances, these make your offenses and (at least in theory) punishment less harsh. For example, killing someone in the heat of passion may make the killing more “understandable” and be used to minimize the offender's (guilty mind) for that specific offense.

What is Crime?

  • Crime, even though it is easy to understand, is sometimes hard to actually define

  • Crime is defined as “an act or omission that may be prosecuted by the state. And it is punishable, under the law.”

  • Just to be clear, those who make the law AND enforce the law must be given legal authority to do so. In other words, an average citizen cannot make a law nor can they enforce said law.

  • Crime is punishable by anything from fines to death, which differs from civil law violations, which are not punishable by incarceration.


What are punishments goals/theories? 

  • There are several theories of punishment. These are not literally used when determining sentences,but the overall viewpoint of what is sought to be achieved comes into play when sentences are meted out.

  • Rehab

  • Vengeance

  • Retribution

  • Incarceration/ Incapacitation

  • Deterrence (both specific and general) 

Rehabilitation

  • This option, which has its roots in helping offenders become more viable citizens, is sometimes controversial.

  • In short, rehabilitation is used to help those who are punished become a more positive and law-abiding member of society through some form of vocational or educational training or therapy. Modification of behavior is another term that helps explain this theory.

  • The theory of punishment rooted in rehabilitation is like other types of rehabilitation such as alcohol or drug rehabilitation.

Vengeance

  • Most commonly associated with the death penalty, vengeance may best be defined as “an eye for an eye” type of punishment.

    • While people will generally want offenders off the street, there is (and likely always will be ) a lot of controversy surrounding the death penalty.

    • This idea is further rooted in making an offender suffer. While there are questions regarding just how much certain punishments make one suffer. (e.g., life without parole vs. capital punishment), the idea here is to make the offender live in a very unpleasant manner.

Retribution 

  • “Just deserts” based punishment.

  • The punishment should fit the crime,according to this viewpoint.

  • This is also known as proportionality in sentencing. Arguable,the term “fairness” also is something to use in this case.

  • In reality,the “correct and fair” balance between the punishment and the crime is very difficult to achieve.

Incarceration/ Incapacitation

  • This option goes on the theory that when an offender is behind bars (incarcerated or incapacitated), they are less likely to be a danger to society. 

  • It should be noted that crimes from inside prison can still happen to the outside world. For example,while in prison, a man named Kaboni Savage ordered the firebombing of witnesses against him from prison.

  • Savage is currently on federal death row for his role in many violent crimes. Deterrence 

Deterrence (stopping someone from doing something)

  • Deterrence is designed, mainly, to use an example of what can happen if one offends.

  • There are two types:

    • Punishment of criminals that is intended to be an example to the general public and to discourage the commissions of offenses


  • Specific deterrence

    • Punishment inflicted on criminals to discourage them, that specific person, from committing future crimes

    • A great example of deterrence is Bernie Madoff, who got 150 years (at age 71) for white collar offenses. Clearly, that sentence will deter him from committing those crimes again and it is also designed to deter others from doing the same, too.

What Theory is Best?

  • This is a great question. Similar to other theories rooted in sociology and criminal justice, there will never be a fully accepted theory that encompasses all crimes and punishments. In other words, does the death penalty (vengeance) always make the best punishment for those convicted of murder? Opinions will vary, and there is no right answer.

  •  Also, one of the themes we will discuss this semester is inconsistencies in sentences, so more on that later. However, it may be a good idea to start wondering why, for example, non-violent offenders can get more time in prison than those who commit violent offenses. Clearly, there will be many other things to consider when sentencing, such as the offender's past, seriousness of the offense, any aggravating and or mitigating circumstances, and so on.


CHAPTER 6 

OUTLAW BIKER GANGS 


Background

  • Outlaw biker gangs started in the United States

  • “One percenters”

  • Not all motorcycle clubs are deemed as outlaw biker gangs 

  • Often,members do not hide the fact that are part club

  • Members are asked to become prospects,first.

  • Long amount of time is spent showing the club that the prospect belongs, a lot of hazing, work, and other things go into having the prospect become a full member.

  • When the prospect eventually proves that he belongs, he becomes a “full patch member” of the club.

  • Full patch membership is further signified by the jackets they wear.

  • The jackets are often called “3 piece” jackets 

  • The top rocker (“piece”) is the club name, the middle being their patch ( or logo) and the bottom being the territory they exist in.

  • As is the case with almost all organized crime groups, the group comes first,even before blood relatives.

  • Outlaw biker gang continue to exist today.

  • They are known for (often) also being able to work with other organized crime groups

  • They are also the only known organized crime group who allows for women to play a role in criminal activity, though women are not allowed to officially be members.

    • Drug sales, sex rings, etc.

  • Women are also looked at as property of outlaw biker gangs

    • Sheep or mamas-property of the club

    • Old ladies-wives/girlfriends of group members

  • Outlaw biker gangs are often involved in the following criminal activity

    • Drug manufacturing

    • Drug dealing

    • Drug running (sometimes for other organized crime groups)

    • Gun running

    • prostitution/ pimping

    • Money laundering 

    • Violence (also for hire)

  • Outlaw biker gangs are one of the only groups who do not get formed through racial, alienage or ethnic lines

  • All OBG members must rude an American made motorcycle(most of them must be over 1200cc in engine size)

  • It is not uncommon for OBG to be at war with many other OBG 


Typical Chapter Structure (WILL BE ON QUIZ)

  • While there may be some deviating from this chart,in general,OBG charter groups operate with this hierarchy: 

  • Chapter President (often self-appointed or founder of that chapter)

  • Vice-President (chosen by members of that chapter) 

  • Treasurer/Secretary( responsible for money,meeting schedules, collecting club dues

  • Sergeant-At-Arms (report directly to Chapter President, acts as security and enforcer)

  • Road Captain (chief of security for runs,maps out the runs, carries money run and maps out fuel/food stops) 

  • Honorary/Associate Members (Those who are valuable to the club such as attorneys,bail bondsmen,and motorcycle chop owners and those who hold other value to the club.

Typical Rank and File Definitions

  • Member full patch holder in good standing

  • Prospect prospective member who can wear bottom and side rocker only

  • Hang-around: invited by member to visit clubhouse

  • Associate do not necessarily want membership, but the relationship commonly benefits the gang and the person


Miscellaneous Notes

  • Many clubs operate as charities and therefore do not pay taxes on any income made by the club.

  • Most major OBG actually sell merchandise (“support your local Hell’s Angels as an example)

  • Emphasis  is being placed on an upgraded image. This includes leaning up their appearances and being more active in many charitable

  • Almost all (especially major/main) OBGs are very well organized. It is common for them to obey all traffic/speed laws, too.

Local (Philadelphia OBG)

  • Warlocks have a very violent history

  • First official OBG founded in Pennsylvania

  • Membership grew rapidly following the Vietnam War

    • Similar to the growth following World War 2

  • The Warlock logo symbols are registered U.S. Trademarks

  • Such a violent reputation that other OBGS will not associate with them

  • Known to kill police officers and torture other vicitms

Local (Philadelphia)OBG

  • Warlocks were founded in the mid-1960s (some say 1965, others say 1967) in Philadelphia.

  • Even though they did reach out to other states (NJ, Del., Md., for example), they are mainly thought of as a Philadelphia OBG (with a strong presence in Delaware County, too)

  • As is the case with many OBGs, the Warlocks were heavily involved in drug trafficking, manufacturing, and selling.

  • Most common product is methamphetamine (or meth-bases variants)

  • Have several hundred members, locally, according to Investigators