Georgia Going After TFG on “RICO” Charges?
What is “RICO” and what is TFG facing if found guilty?
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It was reported yesterday, 02 January, 2023, by the Washington Post:
“An Atlanta-area investigation of alleged election interference by President Donald Trump and his allies has broadened to include activities in D.C. and several states, according to two people with knowledge of the probe — a fresh sign that prosecutors may be building a sprawling case under Georgia’s racketeering laws.”
Georgia Fulton County District Attorney Fani T. Willis (D) began her investigation more than two years ago to examine efforts by Trump and his allies to overturn his narrow 2020 defeat in Georgia. Ms. Willis has recently made it aware publicly she has signaled publicly that she may use Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) statute to allege that these efforts amounted to a far-reaching criminal scheme.
Now, if you desire to read the article this above information came from, feel free. Here’s the link:
We are all aware of the infamous phone call to get over 11,000 votes found, and his ordering them to be found to give him the state instead of President Biden.
Now, let’s check out just exactly what Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) statute consist of, and what it could mean for the lifestyle of Donald J. Trump if he’s indicted, tried, and found guilty of RICO.
I want to let everyone know right up front. I AM NOT AN ATTORNEY. I have never worked for an attorney, or any law firm in any capacity that involved any case of any kind. BUT, I have been, for over 26 years of my life, a law enforcement officer. I have had many, many, cases go to the local Assistant State Attorney’s Office for prosecution. So, I do have a bit of knowledge of the goings on in an investigation, but I still don’t claim to be professional by any means.
What I have done though, is take the time to look up this Statute, and what it actually does.
My research led me to a website by THE CHURCH LAW FIRM. Here, this law group explains what the Georgia RICO Charges are.
(I’m going to copy this so I don’t get this wrong):
GEORGIA RICO CHARGES
What are RICO charges in Georgia? “RICO” means “Racketeer Influenced and Corrupt Organizations.” Under the Georgia RICO law, it is a crime for any person through a pattern of racketeering activity to acquire or maintain any interest in or control of any type of property or business.
A person may be charged with RICO (O.C.G.A, § 16-14-4) if they participate in an interrelated pattern of criminal activity motivated by or resulting in monetary gain or economic or physical threat or injury.”
Here’s where we are going to get into the meat of the Statute, Georgia Code § 16-14-4.
Again, I’m going to copy grim a website. The following is from caseyext.com. I’ll provide the link afterward.
Chapter 14 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATION
Current through 2023-2024 Legislative Session Chapter 353
Section 16-14-4 - Prohibited activities
(a) It shall be unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.
(b) It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.
(c) It shall be unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. A person violates this subsection when:
(1) He or she together with one or more persons conspires to violate any of the provisions of subsection (a) or (b) of this Code section and any one or more of such persons commits any overt act to effect the object of the conspiracy; or
(2) He or she endeavors to violate any of the provisions of subsection (a) or (b) of this Code section and commits any overt act to affect the object of the endeavor.
OCGA § 16-14-4
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
Ga. Code § 16-14-5
Current through 2023-2024 Legislative Session Chapter 353
Section 16-14-5 - Criminal penalties for violation of Code Section 16-14-4
(a) Any person convicted of the offense of engaging in activity in violation of Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) of this Code section, or both.
(b) In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b) of this Code section.
(d) For the purposes of subsection (b) of this Code section, the term "pecuniary value" means:
(1) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else, the primary significance of which is economic advantage; or
(2) Any other property or service that has a value in excess of $100.00.
OCGA § 16-14-5
Amended by 2015 Ga. Laws 98,§ 2-25, eff. 7/1/2015.
This is the only 2 Sections of the 13 of this Chapter. Here’s the link if you desire to read Chapter 14 in its entirety.
I highly recommend reading this. It’s quite interesting.
Now, as you’ve read, I’ve given you only two Sections of Chapter 14. But, these are really important. What these two do is lay out exactly what has to be committed to warrant the charge, arrest, and trial. It further explains the penalties if found guilty.
These penalties are stated:
“Code Section 16-14-4 shall be guilty of a felony and shall be punished by not less than five nor more than 20 years' imprisonment or the fine specified in subsection (b) of this Code section, or both.”
In reading the Section, you’ll learn in (b):
“In lieu of any fine otherwise authorized by law, any person convicted of the offense of engaging in conduct in violation of Code Section 16-14-4 may be sentenced to pay a fine that does not exceed the greater of $25,000.00 or three times the amount of any pecuniary value gained by him or her from such violation.”
This is important here, and you truly need to slow your reading down when reading this portion of the Statute so you grasp every word, and understand what it means.
Now, as I said earlier, I’m not an attorney, nor claim to be. So if my interpretation of this portion of the statute is incorrect, please feel free to correct me in the comments for everyone to read.
A. This Statute is a Felony
B. Explaining what Racketeering Activity is, and what it has to lead to.
“Through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.”
C. IF found guilty, the penalties.
What we have to look at is simple. “Did Former President Donald J. Trump violate the Statute?”
Short answer: Yes.
IF he’s indicted, arrested, and tried, and found guilty, he’s facing a MINIMUM of FIVE YEARS, MAXIMUM of TWENTY YEARS imprisonment.
OR
He’s facing a fine of “NOT TO EXCEED THE MAXIMUM OF $25,000 OR THREE TIMES THE “PECUNIARY VALUE” GAINED BY HIM OR HER FROM SUCH VIOLATION.
Now, this means that his fine could be up to $25,000. BUT the second half of this sentence is really important. Three times the pecuniary value gained by him or her.
This means his fine could be three times his monetary gain he had in committing this crime. Trump gained millions of dollars in his quest to keep his Presidency. His claims if fake election results gained him millions of dollars from his “followers”.
So, my thoughts on this is, his fine could be three times every dollar he collected in this quest. Last figure I heard, which was about a year ago, he had topped $150 million from this. Now, I’m no mathematician but three times that is $450 million. That, folks, is a chunk of money.
The statute further explains that this penalty could be imposed with the prison confinement. This means simply he could be imprisoned for 5 to 20 years, plus the fine.
Georgia Fulton County District Attorney Fani T. Willis has been extremely thorough with the investigation to this point. And, now she’s branching this out to include this RICO Statue. This involving the actions of Trump in attempting to overturn, interfere, or corrupt the election outcome of several other states.
She’s stated she’s hoping to announce her Grand Jury indictments this August.
Personally, I can’t wait!