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· 1/5/1995

United States v. Robert Aulicino, Jr., David Cleary, and Louis Ruggiero, Jr.

Citations

  • 44 F.3d 1102
  • 1995 U.S. App. LEXIS 474

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the threat of continuity is not present where the defendant had a piece of property the sale of which, even if by fraudulent means, provided a natural end to the project
  • finding that the activity appeared to have ended because of lack of leadership and fear of being caught
  • noting that open-ended continuity does not exist when predicate acts are “in furtherance of endeavors that are not inherently unlawful, such as frauds in the sale of property”
  • noting that merely because the enterprise abandoned its activities does not mean that there was a discrete and finite project that came to a natural end
  • noting defendants had an associate threaten a witness’s life and offer $50,000 for the witness’s silence
  • finding sufficient evidence of a threat of continued activity even though “[t]he [kidnapping] ring’s activities were abandoned,” explaining that the kidnappings “were not a discrete and finite project that came to a natural end”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Miner, Oakes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.