United States v. Biaggi

Summary

The opinion makes preliminary findings under United States v. Geaney regarding defendants’ participation in an alleged RICO conspiracy involving the Wedtech Corporation. It evaluates evidence concerning association with the enterprise and agreements to commit racketeering acts by Congressman Mario Biaggi, Stanley Simon, and Peter Neglia, including bribery, fraud, obstruction of justice, and false statements.

Holdings

1. The Government proved by a fair preponderance of independent evidence that the RICO enterprise existed, affected interstate and foreign commerce, and that each defendant discussed in the opinion knowingly agreed to participate in the enterprise's affairs through at least two racketeering acts. Accordingly, qualifying coconspirator declarations were admissible for consideration by the jury against each defendant.

Questions Presented

1. Whether the Government established by a fair preponderance of independent evidence the existence of the RICO enterprise and its effect on interstate or foreign commerce.
2. Whether independent evidence established each defendant's association with Wedtech and agreement to participate in the conduct of its affairs through a pattern of racketeering activity.
3. Whether the independent evidence was sufficient under United States v. Geaney to allow the jury to consider otherwise admissible coconspirator statements against each defendant under Federal Rule of Evidence 801(d)(2)(E).

Disposition

other