Opinion | How Giuliani Might Take Down Trump - The New York Times - 0 views
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Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.
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What lawmakers heard Wednesday sounded a lot like a racketeering enterprise: an organization with a few key players and numerous overlapping crimes — not just one conspiracy, but many. Even leaving aside any questions about the Mueller investigation and the 2016 campaign, Mr. Cohen leveled allegations that sounded like bank fraud, charity fraud and tax fraud, as well as hints of insurance fraud, obstruction of justice and suborning perjury.
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RICO was precisely designed to catch the godfathers and bosses at the top of these crime syndicates — people a step or two removed from the actual crimes committed, those whose will is made real, even without a direct order.
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Exactly, it appears, as Mr. Trump did at the top of his family business: “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates,” Mr. Cohen said. Mr. Trump, Mr. Cohen said, “doesn’t give orders. He speaks in code. And I understand that code.”
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The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate