Feeling helpless by the thought of a masked gang burning and looting your home? Wonder why law enforcement can’t take down an organization of whiny, snowflakes? Me too.
Let’s walk through the solution that just celebrated its 50th birthday. It’s called RICO and ANTIFA meets the criminal criteria to prosecute and eliminate them forever.
Here’s the simple blueprint.
RICO stands for Racketeering Influence Corrupt Organization and was originally intended for the bent noses of organized crime. This federal statute is responsible for psychotic Mafia guys breaking their vow of Omerta (silence) rather than do 20 at Lewisburg. Many became “rats” to avoid lengthy prison sentences.
The Mafia is organized in crews who commit crimes while their bosses (Capos) sit inside their Staten Island Homes feasting on linguine and wine.
Carlo Gambino didn’t accompany John Gotti while he hijacked trucks at Kennedy Airport. Gotti was arrested three times for hijacking but spent less than 3 years in prison. They couldn’t implicate his bosses even though the FBI was aware that Gambino profited by Gotti’s crimes. The organization stayed intact and profitable.
After RICO, members of the Gambino family could be indicted en-masse if you could prove certain elements spelled out in the statute. So instead of two mopes getting 10 months for loansharking, the entire family could face decades in prison even though they were not loansharking.
RICO was so effective that the government expanded its reach beyond organized crime to Wall Street, motorcycle gangs, politicians, and even corrupt police departments.
Let’s be clear about something. ANTIFA is a terrorist organization.
The FBI defines domestic terrorism as acts “perpetrated by individuals and/or groups inspired by U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature.”
That description could also be the founding charter of ANTIFA. Though the Patriot Act deals with legal remedies for domestic terrorism, RICO would be the kill shot to the head. ANTIFA would cease to exist.
There’s both a criminal and civil RICO statute. Does ANTIFA meet the legal threshold to prosecute under RICO? You bet it does.
To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. Is ANTIFA an enterprise?
1. RICO’s definition of enterprise broadly encompasses many types of activities, ranging from legal entities, to associates getting together for a specific purpose.
They could be highly organized groups or a loosely associated groups of individuals. ANTIFA communicates via E-mails, Tweets, cell phones and other methods which could be subpoenaed by the FBI as proof that ANTIFA exists as an enterprise. The courts explicitly held that the enterprise element can be proved by evidence of an ongoing organization, formal or informal. Sounds like ANTIFA to me.
2. A second criteria for proving RICO is that members of the group had to have committed one or more federal crimes from a list of 35 within the previous ten years.
ANTIFA has committed many of the listed offenses such as arson, kidnapping, threat involving murder, obstruction of criminal investigations, robbery and others which have already been documented.
3. Continuity of predicate criminal acts over an extended period of time. ANTIFA has had no break in their criminal activities. They’ve been committing crimes for the past decade and threaten to continue their criminal conduct.
“The Anti-Fascist Network states ANTIFA is not a membership organization, we are a collection of like minded groups (ENTERPRISE) who work together.” (AND COMMIT CRIMES)
The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can’t be whisked out of the country before judgment. We do know that ANTIFA is funded by outside sources.
Someone is organizing the ANTIFA cells to loot and destroy cities, but the Democrats and the press have been engaging in misdirection, lamely accusing white supremacists of disrupting peaceful protests.
An ANTIFA looter who was recently arrested by Santa Monica police candidly stated that he wasn’t protesting police brutality but was getting paid. A restaurant owner told CBS LA that the looters who hit his business traveled in SUVs and were “very well organized.”
RICO permits a private individual “damaged in his business or property” by a racketeer to file a civil suit. This would apply to the thousands of businesses/homes destroyed by ANTIFA.
The law’s real power is its civil component since anyone can bring a civil suit if they’ve been injured by a RICO violation. If an injured business owner wins their suit, they receive triple the actual and compensatory damages.
The plaintiff must prove the existence of an “enterprise”, which is already established. There also must be one of four specified relationships between the defendant(s) and the enterprise. Two of the four clearly apply to ANTIFA. That the defendant (s) conducted or conspired to conduct the affairs of the enterprise through the pattern of racketeering.
The Investigation would consist of these steps:
Step 1. Establish the enterprise by social media, informants, surveillance, undercover operations, subpoena of phone records, videos of criminal activity, and admissions of being with ANTIFA. (They frequently brag about their affiliation)
Step 2. Determine the predicate acts. Document the many ANTIFA members who have been arrested for the predicate acts.
Step 3. Continuity or pattern of criminal activity. The news media and law enforcement have documented ANTIFA’s criminal wrong doings for the past decade. A pattern requires the crimes be related in some way—same methods, same participants. Check!
Step 4. Pattern of Criminal Activity. One crime is not enough. You must show a pattern of at least two crimes. Just in the past two weeks ANTIFA has committed hundreds of criminal acts.
Attorney General Barr has been hesitant to go after ANTIFA for RICO stating that they are a loosely based organization, but RICO allows prosecution for informal organizations based on loosely associated individuals.
I understand that RICO is a complex investigation but the US Attorney’s office of 30 years ago were more aggressive, especially when terrorism was involved.
One large piece of the ANTIFA puzzle is a hierarchy or chain of command. Black Lives Matter has recently identified some leaders, so the question becomes, “who are the Capos of ANTIFA?”
Their website (antifainc.com), names historical leaders and speaks of organizers. This may be a legally semantic attempt to remain within the bounds of prosecution, except that an organizer is a leader.
Someone in authority directed that Molotov cocktails, guns, knives and clubs to be staged at various locations prior to riots. That indicates a chain of command and thus a leadership role.
These organizers shouldn’t be too hard to locate and someone is also funding the movement. The money trail floats downward through several layers of hierarchy to the street level thugs.
These funds resulted in large pallets of bricks showing up in riot torn areas in multiple cities across America. Bricks are deadly weapons and anyone tossing one should be charged with attempted murder.
So, if we can identify the financier, organizers and some rank and file mopes, we’ve got a RICO case where the penalty will be in excess of 20 years federal time.
There has been speculation that George Soros is funding ANTIFA. If FBI leadership ever regrows a spine then ANTIFA will be a memory of masked skinny, purple haired, narcissistic bullies who prey on the defenseless.
A successful RICO investigation will open Soros books and could make him liable for every brick that broke a window or struck a police officer. The government could seize his property, bank accounts, and corporations if found to be funding terrorism.
At the very least several business owners should sue ANTIFA under the civil RICO statute for damages.
It’s about time that we strike back.
About the author: John Ligato is a retired FBI agent who worked on the Joint Terrorism Task Force. He spent 8 years in deep cover and was later a pilot on the FBI’s special operations group.
As a Marine in Vietnam, John was the recipient of three Purple Hearts. As an adjunct professor for Campbell University, John taught international security and counter terrorism at MCB Camp LeJeune North Carolina. He is the author of five books, the latest is, THE COMEY GANG.
John Ligato was also a featured guest on the Conservative Business Journal Podcast. Listen to his tremendous interview about the corrupt Comey gang setup of General Michael Flynn…
Get John Ligato’s book, “The Comey Gang: An Insider’s Look at an FBI in Crisis” here on Amazon…