U.S. v. Schiro

In prosecution in RICO charges alleging that defendants participated in pattern of racketeering activity that extended from 1960s to 2005 that included number of murders and other crimes on behalf of Chicago Outfit gang, Dist. Ct. did not err in denying defendants' motion to dismiss instant indictment on double jeopardy grounds where defendants argued that instant charge sufficiently overlapped with prior RICO prosecutions that concerned conduct that occurred during roughly same period as instant RICO charge in which defendants were found guilty of various crimes committed on behalf of Calbrese and Carlisli Street Crews that were controlled by Chicago Outfit gang. While instant street crews were operating divisions of Chicago Outfit gang, no Double Jeopardy violation occurred where Chicago Outfit gang had powers and responsibilities that were distinct from street crews, such that instant RICO charge constituted separate conspiracy that was different in scope from RICO conspiracies alleged in prior prosecutions where instant RICO allegations concerned distinctive responsibilities of Chicago Outfit gang. Ct. further found that one defendant failed to successfully withdraw from conspiracy by simply placing notice in newspaper to notify police whenever anyone heard defendant's name in connection with any criminal activity. (Partial dissent filed.)