Giuliani has long claimed that he dreamed up the idea of using the federal RICO law to target mafia families when he was a federal prosecutor.
Then-U.S. Attorney Rudolph Giuliani, left, with Ronald Goldstock, right, director of the State Organized Crime Task Force, and trial lawyer Barry Slotnick, before speaking at a forum on Organized Crime in New York, March 13, 1986.article also said Giuliani had a tendency to overstate his accomplishments.
"RICO comes along and says that in order to prove the RICO violation you have to prove that there is an association of fact or criminal enterprise that is involved in criminal activity," McDonald said."You had to prove two or more crimes were committed as part of a pattern of racketeering activity, which is necessary to get a criminal conviction under RICO," McDonald said.
Officials at DOJ"were concerned that the courts would view the Justice Department as going overboard and they were concerned that the statute could be found to be unconstitutional, or that the courts would construe the statute in a very narrow way," he said. "The reason that they moved slowly on it was not because it was waiting for Giuliani to to discover it," McDonald said."It was only after they got favorable decisions in the appellate courts did they feel emboldened to authorize more and more criminal prosecutions" before Giuliani became U.S. attorney in 1983.
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