Tag Archives: racketeering

Pot farm’s neighbors lose federal suit filed under anti-Mafia law

DENVER — A federal jury has ruled against a Colorado couple who claimed that a marijuana-growing operation hurt the value of their property in a case that was closely watched by the U.S. cannabis industry.

Jurors reached their verdict in Denver after deliberating for about a half day, The Colorado Sunreported Wednesday.

It was the first time a jury considered a lawsuit using federal anti-racketeering law to target a marijuana company.

“A loss in this case would have meant the loss of his business,” Matthew Buck, the lawyer for operation’s owner, Parker Walton, told The Sun.

The marijuana industry has followed the case since 2015, when attorneys with a Washington, D.C., firm first filed their complaint on behalf of Hope and Michael Reilly over Walton’s operation in the rural southern Colorado town of Rye.

Vulnerability to similar lawsuits is among the many risks facing marijuana operations licensed by states but still violating federal law. Lawsuits using the same strategy have been filed in California, Massachusetts and Oregon.

One of the Reillys’ lawyers, Brian Barnes, said the couple bought their land for its views of Pikes Peak, built a house there and hike and ride horses on the property.

But they claimed “pungent, foul odors” from a neighboring indoor marijuana-growing operation have hurt the property’s value and the couple’s ability to use and enjoy it.

Congress created the Racketeer Influenced and Corrupt Organizations Act to target the Mafia in the 1970s, allowing prosecutors to argue leaders of a criminal enterprise should pay a price along with lower-level defendants.

Full Read – http://www.nwaonline.com/news/2018/nov/02/pot-farm-s-neighbors-lose-federal-suit-/

Scott, Campbell counties hop on board Big Pharma racketeering lawsuit train


Two East Tennessee counties are now on board to join a growing and fast-moving national effort to use federal racketeering laws to hold drug makers, distributors and dispensers accountable for creating and fostering the opioid epidemic in the United States, records show.

Government leaders in Campbell and Scott Counties have authorized the filing of lawsuits in U.S. District Court against the firms that make, distribute and dispense opiate prescription painkillers.

The law firm Jessee & Jessee filed the first such legal action in the federal Eastern District of Tennessee on behalf of Campbell County earlier this year. The law firms Lieff Cabraser Heimann & Bernstein and Taylor & Knight filed a similar action on behalf of Scott County late last week.

Full Read – https://www.knoxnews.com/story/news/crime/2018/03/06/scott-campbell-counties-opioid-epidemic-big-pharma-racketeering-lawsuits/399172002/

United States Indicts 10 Mafia Suspects

Acting Boss of Bonanno organized crime family and 9 other members of La Cosa Nostra indicted for racketeering and related charges

 

NEW YORK — Following an investigation led by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) New York working jointly with the U.S. Department of Labor (DOL), U.S. Department of State’s Diplomatic Security Service, the New York City Police Department (NYPD), and the United States Attorney’s Office for the Southern District of New York (SDNY), 10 individuals are being charges with racketeering and other offenses in connection with the activities of the organized crime families of La Cosa Nostra.

The indictment charges eight members of the Bonanno Family: Acting Boss Joseph Cammarano, Jr., Consigliere John Zancocchio, Joseph Sabella, George Tropiano, Albert Armetta, Domenick Miniero, Joseph Santapaolo, and Simone Esposito, all with with racketeering conspiracy involving a wide range of crimes, including extortion, loansharking, wire and mail fraud, narcotics distribution, and conspiracy to commit murder. Genovese Family member Ernest Montevecchi is charged with participating in that conspiracy as well. Several of the defendants and Luchese Family member Eugene Castelle are charged with conspiracy to commit extortion. Armetta is additionally charged with assault resulting in serious bodily injury in aid of racketeering, and aiding and abetting the same.

“The members of this criminal organization have pending charges from drug dealing and fraud to loansharking and conspiracy to commit murder,” said Angel M. Melendez, special agent in charge of HSI New York. “HSI will continue to work with our law enforcement partners to investigate and dismantle criminal organization like La Cosa Nostra and the Bonanno family.”

Of the 10 defendants charged in the indictment, nine were taken into federal custody Friday. Santapaolo was presented this morning before a United States Magistrate Judge in the Middle District of Pennsylvania. The rest of the defendants will be presented before United States Magistrate Judge Barbara Moses later today. The case has been assigned to United States District Judge Alvin K. Hellerstein.

As alleged in the indictment unsealed today in Manhattan federal court, La Cosa Nostra (“LCN”), also known as the “Mob” or the “Mafia,” operates through entities known as “Families.” In the New York City area, there are five LCN Families, namely, the Bonanno Family, the Genovese Family, the Luchese Family, the Colombo Family, and the Gambino Family. Members and associates of one La Cosa Nostra family at times work together with other La Cosa Nostra families in jointly undertaken criminal ventures.

The Bonanno Family, like other LCN Families, operates through a group of individuals known as “crews,” each of which are led by a “capo” or “captain.” The crews are composed of “made” members, called “soldiers,” and trusted non-members called “associates.” Above the Capos are the highest-ranking members – the Boss or Acting Boss, the Underboss, and the Consigliere, or counselor – who oversee the Family.

At times relevant to the indictment, the defendants held the following positions with their respective LCN Families: Cammarano was a captain and the Acting Boss of the Bonanno Family; Zancocchio was a captain and the Consigliere of the Bonanno Family; Sabella was a captain of the Bonanno Family; Tropiano was a soldier and an acting captain of the Bonanno Family; Esposito was the Consigliere of the Bonanno Family; Miniero, Santapaolo, and Armetta were soldiers in the Bonanno Family; Montevecchi was a soldier in the Genovese Family; and Castelle was a soldier in the Luchese Family.

Count One of the indictment charges Cammarano, Zancocchio, Sabella, Tropiano, Armetta, Miniero, Santapaolo, Esposito, and Montevecchi with participating in a racketeering conspiracy. Count Two charges Armetta with assault resulting in serious bodily injury in aid of racketeering, and aiding and abetting the same. Count Three charges Cammarano, Zancocchio, Sabella, Tropiano, Miniero, and Castelle with extortion conspiracy.

Below is a chart containing the names, ages, residences, charges, and maximum penalties for the defendants. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge. The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

https://www.ice.gov/news/releases/acting-boss-bonanno-organized-crime-family-and-9-other-members-la-cosa-nostra-indicted

6 pharma executives face criminal charges for alleged fentanyl racketeering scheme

Six pharmaceutical executives who worked for Chandler, Ariz.-based Insys Therapeutics were arrested Thursday on charges that they led a nationwide conspiracy to bribe clinicians to unnecessarily prescribe fentanyl-based pain medication, according to the Department of Justice.

The government claims the executives conspired to bribe physicians and medical practitioners in several states, many of whom worked in pain clinics, to prescribe their pain medication called Subsys. This narcotic contains fentanyl, a highly addictive synthetic opioid, and is intended to treat cancer patients suffering intense episodes of breakthrough pain.

In exchange for kickbacks and bribes, practitioners allegedly wrote large numbers of prescriptions for patients, few of whom were diagnosed with cancer. The indictment also alleges the former Insys executives conspired to defraud health insurers that showed reluctance to approve payment for Subsys when it was prescribed to non-cancer patients. The defendants allegedly did so by establishing a “reimbursement unit” that obtained prior authorization directly from insurers and pharmacy benefit managers.

Here are the names of the defendants, all of whom are no longer employed by Insys Therapeutics, along with the respective charges they face:

  • Michael Babich, former president and CEO: conspiracy to commit racketeering, conspiracy to commit wire and mail fraud and conspiracy to violate the Anti-Kickback Law
  • Alec Burlakoff, former vice president of sales: Racketeer Influence and Corrupt Organizations Act conspiracy, mail fraud conspiracy and conspiracy to violate the Anti-Kickback Law
  • Richard M. Simon, former national director of sales: RICO conspiracy, mail fraud conspiracy and conspiracy to violate the Anti-Kickback Law
  • Sunrise Lee, former regional sales director: RICO conspiracy, mail fraud conspiracy and conspiracy to violate the Anti-Kickback Law
  • Joseph A. Rowan, former regional sales director: RICO conspiracy, mail fraud conspiracy and conspiracy to violate the Anti-Kickback Law
  • Michael J. Gurry, former vice president of managed markets: RICO conspiracy and wire fraud conspiracy

Criminal charges are rarely pressed in cases involving pharmaceutical companies, and several agents noted the severity of the charges in statements.

Full Read – http://www.beckershospitalreview.com/legal-regulatory-issues/6-pharma-executives-face-criminal-charges-for-alleged-fentanyl-racketeering-scheme.html