U.S. v. Shamah

Record contains sufficient evidence to support defendant's conviction on charge of conspiracy to violate RICO arising out of scheme by defendant-police officer and another officer to retain money and drugs seized from suspected drug dealers during traffic stops and searches of premises and to plant drugs on suspects in order to establish probable cause for said arrests. Ct. rejected defendant's argument that govt. failed to prove conduct element, as contained in section 1962(c) of RICO, even though defendant was low-ranking police officer, after holding that defendant and his partners were operators for purposes of RICO since defendant had power to control police dept.'s affairs and manipulated his power by transforming legitimate police functions into arms of his illegal endeavors. Ct. further found that defendant agreed to participate in at least two predicate RICO acts so as to establish pattern of racketeering activity where jury could properly conclude that several seizures of money and drugs from alleged drug suspects were robberies that were performed via use of force, as opposed to thefts from police evidence inventory.