Saturday, July 14, 2018

Relative to my $600,000 PLUS complaint; lets explore RICO and Frost Brown Todd and Patricia Laub Esq and Janet Simpkinson.




"In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act in an effort to combat Mafia groups. Since that time, the law has been expanded and used to go after a variety of organizations, from corrupt police departments to motorcycle gangs."

Above is from this link https://www.hg.org/rico-law.html

Additionally;
 "RICO law should not be thought of as a way to punish the commission of an isolated criminal act. Rather, the law establishes severe consequences for those who engage in a pattern of wrongdoing as a member of a criminal enterprise."

I am not a lawyer nor do I have training in this subject other than an M.S., University Cincinnati  Criminal Justice.

The question I posit is if  there is a pattern of wrongdoing in the legal machinations of Patricia Dillon Laub Esq and the firm in which she is a partner, Frost Brown and Todd ...and the accounting firm associated with them, Keys and Simpkinson? .....  We will get to The Lebanon Citizens National Bank and The Greater Cincinnati Foundation later. I am only exploring the possibilities, linking them together, perhaps.    RICO by definition needs more than one individual committing malfeasance of a criminal or civil kind.

" Title 18, Section 1961 of the United States Code sets forth a long list of racketeering activities, the repeated commission of which can form the basis of a RICO Act claim. These underlying federal and state offenses exist independently of the act, and include the crimes of homicide, kidnapping, extortion, and witness tampering. Racketeering activities also include property crimes such as robbery and arson. A number of financial crimes are also listed, such as money laundering, counterfeiting, securities violations, as well as mail and wire fraud"

 Penalties in Criminal Court

The RICO Act provides both criminal and civil penalties. This means claims can be brought by prosecutors on behalf of the government, or by private individuals. In criminal prosecutions, the jury must be convinced of the defendant's guilt beyond a reasonable doubt. This is the highest burden of proof that exists in the American legal system. Violations are punishable by up to 20 years in prison. The sentence can be increased to life in prison if authorized by the underlying crime. Offenders also face a fine of either $250,000, or double the amount of the proceeds earned from the activity.

"As a tool for dismantling criminal enterprises, following a conviction the government is automatically given a forfeiture of all of the defendant's interest in the organization. So not only do defendants lose all their money and property that can be traced back to the criminal conduct, but the organization itself can be severely crippled. And the government need not wait until after a guilty verdict, when the property expected to become subject to forfeiture may be difficult to locate. The rules of procedure in a RICO prosecution allow the government to freeze the defendant's assets before the case even goes to trial."

Civil Remedies for Victims

"For civil claims brought by private parties who have been victimized by a criminal organization, the burden of proof is less onerous than in criminal court. A preponderance of the evidence standard applies. This means the jury must find that it is at least slightly more likely than not that the racketeering activities did in fact happen as alleged. Despite the lower burden of proof, civil RICO lawsuits are difficult and expense for individuals to pursue. Those who win are rewarded, however. Successful plaintiffs can recover "treble damages," or in other words, three times the amount of money they lost due to the defendant's actions."

 Specific Elements of a RICO Claim

"Liability for a RICO violation requires that a person be involved in an enterprise that operates through a pattern of racketeering activity. This raises a couple of issues that will prove important to anyone defending or pursuing a RICO case. First, a controversy may arise as to what will satisfy the element requiring an enterprise. Corporations, partnerships, and other businesses will surely qualify as enterprises."

 "Another common issue concerns the element requiring a pattern of racketeering activity. The RICO Act itself defines the term pattern as two or more acts of racketeering activity within a 10-year period. However, the Supreme Court has weighed in on this issue as well. According to the Court, to qualify as a pattern, the criminal activities must be related and continuous. Relatedness will be established if the crimes have similar characteristics such as the same perpetrators, victims, and methods of commission. Continuity will be established if the crimes occurred over a substantial period of time. Some courts have interpreted this to mean at least one year. "

My complaint involves at least $600,000 caused by the parties I believe intentionally took finances meant for me. Alteration by various means of a document altered to make certain I could not challenge those entities for the commission of their alleged acts.

I have no accounting of my mother's vast jewelry collection bought for her by my father in the 50s, the 60s up until his bankruptcy in about 1973 or so. Most high end jewelry gifted to my mother was bought at the famous but now shuttered Herschede Jewelers. Maybe worth several hundred thousands, or over one million now BUT all vanished...go figure. My father did give me his Herschede gold pocket watch, with chain, a gift to him from my mother and engraved as such.

For RICO we need an enterprise with a pattern over a time period.

 Keep in mind I am NOT accusing Patricia Dillon Laub Esq., partner in the firm Frost Brown and Todd of RICO, nor the firm Frost Brown and Todd of RICO, nor Janet Simpkinson of Keyes and Simpkinson of RICO.  I am however, given my education and experience, of my opinion that all of them MIGHT be guilty of RICO violations. Alleging might be the proper word, and only in my opinion, so far. They are however all ENTERPRISES.

Lets address this one issue of RICO  "...the repeated commission of which can form the basis of a RICO Act claim."

  "Another common issue concerns the element requiring a pattern of racketeering activity. The RICO Act itself defines the term pattern as two or more acts of racketeering activity within a 10-year period. However, the Supreme Court has weighed in on this issue as well. According to the Court, to qualify as a pattern, the criminal activities must be related and continuous. Relatedness will be established if the crimes have similar characteristics such as the same perpetrators, victims, and methods of commission. Continuity will be established if the crimes occurred over a substantial period of time. Some courts have interpreted this to mean at least one year. "

 I have previously brought up the post that alerted me to the POSSIBILITY that a well respected number of ENTITIES just might be criminal. 

http://beforeitsnews.com/science-and-technology/2014/04/lawyer-threatens-stupid-lawsuit-over-stupid-rules-interpretation-for-stupid-entry-into-stupid-contest-2687924.html

From within Link Ohio attorney Jonathan Zell Esq questions much ... about those who are giving me such a nightmare I pray that I can in some way recover....

"Columbus, OH.  Jonathan Zell simply wanted to illustrate a novel legal argument that his adversaries had made in a malpractice case Zell had filed on behalf of his mother against the Ohio-based law firm of Frost Brown Todd.  (Eileen Zell v. Frost Brown Todd LLC, et al.. Case No. 2:13-cv-0458, U.S. District Court, Southern District of Ohio, Eastern Division.)  So Zell entered the American Bar Assn’s (ABA’s) “Peeps in Law 2014” contest by submitting a miniature scene (called a “diorama”) made out of Peeps® (the animal-shaped marshmallow candies) depicting this argument."

 So there is me, there is Jonathan Zell's mother Eileen Zell...both claiming harm from the folks I am claiming IMO harmed me cruelly and maliciously. Destroyed my relationship with my 18 year old son, likely by colluding with my son's mother Kimberly Colangelo who has a long record of antisocial behavior, a term used in criminal justice academics to underline individuals on the line of criminality or fully criminal.

 

For a synopsis of Kimberly Colangelo we have a motion in Limine (above) that makes what I say OFFICIAL about Kimberly Colangelo who I married ONLY to save my son from abortion...only to lose him because of the maliciousness of the entities I name above, of course only in my opinion, ....you know...?... in this official court document Kimberly has last name of "Biren"...it is however, Colangelo COLANGELO. Because she was self admitted to Good Sam Psych Ward she could walk away for lunch and snag me over time and finalize such snagging with threat of abortion...you'd think that was enough but nope, the entities named above...IMO etc...had to drive in the last nail of my coffin.

I think the major points that make up my thought that maybe all the entities above plus others like Shapiro, who I will delve into using Bobbie Fischer as an example, much later as the evidence begins to jell with time, are maybe guilty of RICO...at worst and at least of extraordinarily grievous harmful felonies,



 



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