Saturday, December 28, 2019

What is Racketeering Organized Crime and the RICO Act

Racketeering, a term typically associated with organized crime, refers to illegal activities conducted by enterprises owned or controlled by the individuals carrying out those illegal practices. Members of such organized crime enterprises are typically referred to as racketeers and their illegal enterprises as rackets. Key Takeaways Racketeering refers to a variety of illegal activities conducted as part of an organized crime enterprise.Crimes of racketeering include  murder, drug and weapons trafficking, smuggling, prostitution, and counterfeiting.Racketeering was first associated with the Mafia crime gangs of the 1920s.The crimes of racketeering are punishable by the federal RICO Act of 1970. Often associated with the urban mobs and gangster rings of the 1920s, like the American Mafia, the earliest forms of racketeering in America involved obviously illegal activities, such as drug and weapons trafficking, smuggling, prostitution, and counterfeiting. As these early criminal organizations grew, racketeering began to infiltrate more traditional businesses. For example, after taking control of labor unions, racketeers used them to steal money from workers’ pension funds. Under almost no state or federal regulation at the time, these early â€Å"white collar crime† rackets ruined many companies along with their innocent employees and shareholders. In the United States today, the crimes and criminals involved in racketeering are punishable under the federal Racketeer Influenced and Corruption Organizations Act of 1970,  known as the RICO Act. Specifically, the RICO Act (18 U.S.C.A.  § 1962) states, â€Å"It is unlawful for anyone employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt.†Ã‚   Examples of Racketeering Some of the oldest forms of racketeering involve enterprises that offer an illegal service—the â€Å"racket†Ã¢â‚¬â€intended to solve a problem that is actually created by the enterprise itself. For example, in the classic â€Å"protection† racket, individuals working  for the crooked enterprise rob stores in a particular neighborhood. The same enterprise then offers to  protect the business owners from future robberies in exchange for exorbitant monthly fees (thus committing the crime of extortion). In the end, the racketeers illegally profit from both the robberies and  the monthly protection payments. However, not all rackets use such fraud or deception to hide their real intentions from their victims. For example, the numbers racket involves straightforward illegal lottery and gambling activities, and the prostitution racket is the organized practice of coordinating and engaging in sexual activity in return for money. In many cases, rackets operate as part of technically legitimate businesses in order to hide their criminal activity from law enforcement. For example, an otherwise legal and well-respected local auto repair shop might also be used by a â€Å"chop shop† racket to remove and sell parts from stolen vehicles. A few other crimes often committed as part of racketeering activities include loan sharking, bribery, embezzlement, selling (â€Å"fencing†) stolen merchandise, sex-slavery, money laundering, murder-for-hire, drug trafficking,  identity theft, bribery, and credit card fraud. Proving Guilt in RICO Act Trials According to the U.S. Department of Justice, in order to find a defendant guilty of violating the RICO Act, government prosecutors must prove beyond all reasonable doubt that: An enterprise existed;the enterprise affected interstate commerce;the defendant was associated with or employed by the enterprise;the defendant engaged in a pattern of racketeering activity; andthe defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment. The law defines an â€Å"enterprise† as â€Å"including any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity.† To prove that a â€Å"pattern of racketeering activity† existed the government must show that the defendant committed at least two acts of racketeering activity committed within ten years of each other.   One of the most powerful provisions of the RICO Act gives prosecutors the pre-trial option of temporarily seizing accused racketeers’ assets, thus preventing them from protecting their illegally-gained assets by transferring their money and property into phony shell companies. Imposed at the time of indictment, this measure ensures that the government will have funds to seize in case of a conviction. Persons convicted of racketeering under the RICO Act can be sentenced to up to 20 years in prison for each crime listed in the indictment. The sentence can be enhanced to life in prison, should the charges include any crimes, such as murder, that warrant it. In addition, a fine of $250,000 or twice the value of the defendant’s ill-gained proceeds of the offense may be imposed. Finally, persons convicted of a RICO Act crime must forfeit to the government any and all proceeds or property derived as a result of the crime, as well as interest or property they may hold in the criminal enterprise. The RICO Act also allows private individuals who have been â€Å"damaged in his business or property† by the criminal activities involved to file suit against the racketeer in civil court. In many cases, the mere threat of a RICO Act indictment, with its immediate seizure of their assets, is enough to force defendants to plead guilty to lesser charges. How the RICO Act Punishes Racketeers The RICO Act empowered federal and state law enforcement officials to charge individuals or groups of individuals with racketeering. As a key part of the Organized Crime Control Act, signed into law by President Richard Nixon on October 15, 1970, the RICO Act allows prosecutors to seek more severe criminal and civil penalties for acts conducted on the behalf of an ongoing criminal organization—the racket. While used mainly during the 1970s to prosecute Mafia members, RICO penalties are now more widely imposed. Before the RICO Act, there was a perceived legal loophole that allowed individuals who ordered others to commit crimes  (even murder) to avoid prosecution, simply because they had not committed the crime themselves. Under the RICO Act, however, organized crime bosses can be tried for crimes they order others to commit. To date, 33 states have enacted laws modeled on the RICO Act, allowing them to prosecute racketeering activity. Examples of RICO Act Convictions Unsure of how the courts would receive the law, federal prosecutors avoided using the RICO Act for the first nine years of its existence. Finally, on September 18, 1979, the U.S. Attorneys Office in the Southern District of New York won the conviction of Anthony M. Scotto  in the case of  United States v. Scotto. The Southern District convicted Scotto on  racketeering charges of accepting unlawful labor payments and income tax evasion committed during his tenure as president of the International Longshoremans Association. Encouraged by the conviction of Scotto, prosecutors aimed the RICO Act at the Mafia. In 1985, the highly-publicized Mafia Commission Trial resulted in what amounted to life sentences for several bosses of the infamous Five Families  gangs of New York City. Since then, RICO charges have put virtually all of New York’s once-untouchable Mafia leaders behind bars. More recently, American financier Michael Milken was indicted in 1989 under the RICO Act on 98 counts of racketeering and fraud related to allegations of insider stock trading and other offenses. Faced with the possibility of  life in prison, Milken pleaded guilty to six lesser felonies of securities fraud and tax evasion. The Milken case marked the first time the RICO Act was used to prosecute an individual not connected to an organized crime enterprise. Sources .†Criminal RICO: A Manual For Federal Prosecutorsâ€Å" May 2016.  U.S. Department of Justice.Carlson, K (1993). Prosecuting Criminal Enterprises. National Criminal Justice Reference Series. U.S. Bureau of Justice Statistics.â€Å"109. RICO Charges.† Criminal Resource Manual. Offices of the United States AttorneysSalerno, Thomas J. Salerno Tricia N. â€Å".†United States v. Scotto: Progression of a Waterfront Corruption Prosecution from Investigation through Appeal Notre Dame Law Review. Volume 57, Issue 2, Article 6.

Friday, December 20, 2019

Mango Street Role Model - 774 Words

The Role of Role Models in The House on Mango Street The term role model may evoke images of superheroes, celebrities, or famous athletes. Positive role models are needed to give humans some type of direction in life, but what about a negative role model? A negative role model can be just as helpful as a so-called â€Å"positive† role model. It can be useful to look at an unpropitious person and use him or her as an example of what you do not want to become. The House on Mango Street, written by Sandra Cisneros, allows the reader to realize what a negative role model can teach. The main character Esperanza has a variety of role models in her life, some favorable and some unfavorable. Many are trapped in abusive relationships, waiting†¦show more content†¦Esperanza is able to look at her great grandmother and realize what she does not want to become, but also she realizes what she does want: to become a strong, independent woman. Esperanzas mother was also a very influ ential role model for Esperanza. Esperanza learns how important an education is by looking at her mothers situation. Her mother laments, â€Å"I could have been somebody, you know?† (91). Her mother could have had a better life and a better job if she continued to go to school, and she imparts this wisdom upon her daughter. â€Å"Esperanza, you go to school. Study hard† (91). Esperanza does not want to end up in her mothers situation. Without a proper education, a successful life is nearly impossible to achieve. Esperanzas mother teaches her the importance of being strong, educated, and independent: â€Å"Got to take care all your own† (91). Another role model Esperanza has is her neighbor, Alicia, the most positive influence she meets in the story. Alicia is a strong independent young woman who spends most of her days cooking and cleaning for her family because her mother passed away. â€Å"Alicia who inherited her mama’s rolling pin and sleepiness, is young and smart and studies for the first time at university† (31). Esperanza admires how smart Alicia is, and, from her, Esperanza learns that studying hard will better her life. Esperanza understands it will not be easy: â€Å"Two trains and a bus, because [Alicia]Show MoreRelatedPowerlessness In Sandra Cisneross The House On Mango Street846 Words   |  4 Pageswoman who is rooted in who she is but dreams to be someone else. She dreams to be another person, far away from her dreary life. Sandra Cisneros establishes that many young girls within the Hispanic culture represented in The House on Mango Street are forced into roles they do not wish to take, resulting in a loss of identity and ultimately, a sense of powerlessness in the girl without anyone to show her how to be powerful. When Esperanza experiences awful situations somewhere she has happy childhoodRead MoreHouse on Mango Street1087 Words   |  5 Pageschose a path of life. In â€Å"The House on Mango Street†, Esperanza is forced to think about leaving Mango Street in the future, because she is surrounded by women who are pushing her to become an adult.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first example is Cathy, who knows all the dangers of Mango Street. â€Å"She lives upstairs, over there, next door to Joe the baby – grabber. Keep away from him, she says. He is full of danger.† (Cisneros 12). Cathy tells her what to avoid on Mango Street, and about the people on it. And whenRead MoreThe House On Mango Street Essay932 Words   |  4 PagesHouse on Mango Street cannot envision their own autonomy because they are taught to need a man to fulfill their life which allows these women to be easily manipulated. A womans lack of power in a male-dominated society allows men to manipulate women physically and sexually because their society believes in powerful men and powerless women. Alicia, a women in The House on Mango Street, wants to study and go to school, but cannot because her father expects her to inherit her mother’s role in societyRead MoreThe House On Mango Street By Sandra Cisneros1688 Words   |  7 PagesThe House on Mango Street, a novella by Sandra Cisneros, revolves around the idea of a developing Latino girl facing the difficulties of transitioning to a young mature woman. Esperanza moves into a house on Mango Street, where she meets many diverse influential people as she attempts to discover her true identity and understanding of the world. While doing this, she encounters the struggles of her community, socioeconomic class, and heritage. Esperanza’s opposing view of herself slowly adjusts asRead MoreAnalysis Of CisnerosThe House On Mango Street742 Words   |  3 Pagessexuality, gender, culture, ethnicity and many more crucial things that are all a part of growing up and figuring out who you are. In Cisneros’ The House on Mango Street the identity of a character is made up of the environment they are a part of. Gender is one of the most important things that can build up ones true identity. In Mango Street, we see a complete male ruled society. Sexual harassment, from men, is very common in this story, especially to innocent Esperanza. On page 99 she had justRead MoreAnalysis Of Yummy And The House On Mango Street1119 Words   |  5 PagesGangsters, thugs, criminals, even victims could be the result of no parental involvement. In society, there tends to be those same thug enthusiasts that seem to run the community, or at least think they do. In the novels Yummy and The House on Mango Street, these ideas are developed as the audience sees first hand how the kids that have little to no parental involvement. The children seem as though they are afraid of nothing, but their biggest fear is someone knowing their secret, that they haveRead MoreThe Mother Of The Children1211 Words   |  5 Pagesalso rejected after they found out that they couldn’t be helped and it could portray a lesson to the reader that the author insinuates that even if things get corrupted, not everything could be fixed. Literary Response #2 Sally: In The House on Mango Street, Sally is the gorgeous girl, in fact her father states that it’s â€Å"trouble† to be that beautiful. Esperanza first wanted to overdo her but, then truly regards her greatly. She is the female that gets plenty of attention from boys-- wearing sexyRead MoreThe Development Of Girls1172 Words   |  5 Pagesexperiences girls have during their youth have a tremendous impact on who they become. From a young age girls learn a distorted definition of what beauty should look like. Professor of literature Ann DuCille analyzes the toxic affect of Barbie dolls as role models on young girls in her article Dyes and Dolls†. DuCille cites, â€Å"[Barbie] has the ideal that Western culture has insisted upon†¦ long legs, long arms, small waist, high round bosom, and long neck† (DuCille 217). Society has perpetuated a culture whereRead MoreThe House On Mango Street Essay On Poverty1031 Words   |  5 Pagesgrowing up in extreme poverty sh ape the morals and goals of a person? In the novel The House on Mango Street by Sandra Cisneros, the main character Esperanza is raised in a poverty stricken neighborhood with few positive role models in her life. In the few scenes school is mentioned, they do not mention Esperanza’s grades or schoolwork, but focus rather on superficial events. The House on Mango Street reveals that the surplus of events associated with growing up in extreme poverty can cause childrenRead MoreThe House On Mango Street Character Analysis706 Words   |  3 Pagesmain character, Esperanza from The House on Mango Street by Sandra Cisneros, is an excellent example of that; Esperanza is an insecure young Latina girl who is shaped by her family as she grows up. In the novel, Esperanza has the perspective of life from the experience of living in poverty. Esperanza dreams of a perfect home with amazing flowers and enough rooms that everyone in her family would each have one. However, she moves to t he house on Mango Street, and reality is so different from what she

Thursday, December 12, 2019

Demonstration of Network Security Tools †Free Samples to Students

Question: Discuss about the Demonstration of Network Security Tools. Answer: Introduction: Information systems need to be secure to prevent intrusion and malicious use of software that may cause them harm. There are many ways intruder tries to get into the system for different reasons. The most common threats and attacks include Packet replay, Packet modification, Internet Protocol spoofing and Mail bombing. Impersonation is when a sender of an email creates a fake return address[1]. It happens when somebody manually modifies a moving header or the sender automatically connect them to an SMTP port on the receiving node. Eavesdropping occurs when Email headers and contents are sent without first being encrypted. This makes it possible for the contents to be altered before arriving at the receiver or modification is done on the header changing or hiding the sender. A hacker will thereby manage to make a fake activity flow of the network. It will help them access sensitive information such as passwords and other relevant data. Packet modification is another vulnerability involving modification and interception of a package by a system that was not the designated receiver[2]. The packet information required may also get damaged due to the modification. Packet replay works by recording and retransmitting message packets in a given network. It affects all programs that need sequences to be authenticated and allows intruders to replay the fake authentication sequences and manage to gain access to the attacked system. Another common attack is an intrusion. It happens when a hacker uses their means, e.g., cracking tools and gains access to a system[2]. The use of a vulnerability tool would help the technicians note any intrusion occurring in the network system. Social engineering, another possible attack is employed by both outsiders and people working inside the organization since it collaborates with the help of the user. The user gets tricked to a level of revealing their security information, e.g., passwords which then used for the malicious purpose. The best solution to social engineering is educating the users and ensuring there are kept well aware of such tricks. A network can also get spoofed where a computer system will impersonate another system already in the company's network system. The spoofing system will then receive all the intended information just like it was the intended receiver. Viruses are also used by attackers to break into network systems and to gain access to information which they could have otherwise been denied[1]. It is done by developing malicious codes and spreading them by ordinary means such as emails to the system they want to harm. Password cracking is another threat that attackers use to gain access surreptitiously just like the permitted user. It can be easily avoided if the users use passwords that cannot be easily guessed or weak. A password cracker uses their knowledge of the user as a tool to predict the password a user could be using and gain access to the network system comfortably like them. Most of the vulnerabilities can be avoided and controlled by use of a vulnerability detection tool. Nessus is one of the most modern and capable vulnerability scanners which originally was built for UNIX systems as an open source software[1]. Nessus has a Tenable Network Security that does the vulnerability checks and produces results in various formats[1]. It will help in detecting and controlling access to the network system by any intruder and deny service to any malformed packets which may otherwise be used by the intruder. To download and install Nessus, visit Nessus website here to get the installer package and the installation guide. After successful download, click the installer to start installation. After the steps provided in the page above, the installer will lead you to the Ready to Install the Program screen, select the Install button[7]. After successful installation, go to settings and configure the scanner as illustrated below. References I. J. Douglas and P. J. Olson, Audit and control of computer networks, Manchester: NCC Publications, 1986. C. M. Davis, M. Schiller and K. Wheeler, IT auditing : using controls to protect information assets, Emeryville, Calif: McGraw-Hill/Osborne, 2011. U. S. D. o. H. S. O. o. I. General., Improved security required for Transportation Security Administration networks, Washington, DC: U.S. Dept. of Homeland Security, Office of Inspector General, 2011. G. E. Smith, Network auditing : a control assessment approach, New York : John Wiley, 1999. M. Carey, R. Rogers, P. Criscuolo and M. Petruzzi, Nessus network auditing, Burlington: Syngress Publishing, Inc, 2008. R. Nieva, "Nessus security tool closes its source," 25 Augus 2017. [Online]. Available: https://www.cnet.com/news/nessus-security-tool-closes-its-source/. [Accessed 26 08 2017]. I. Tenable, "Download Nessus," Nessus, [Online]. Available: https://www.tenable.com/products/nessus/select-your-operating-system. [Accessed 29 August 2017].

Wednesday, December 4, 2019

Why is education so important free essay sample

An investment in knowledge pays the best interest. Benjamin Franklin A direct effect of education is knowledge gain. Education gives us knowledge of the world around. It develops in us a perspective of looking at life. It helps us form opinions and develop a point of view. The information we are constantly bombarded with, cannot be converted into knowledge without the catalyst called education. Education makes us capable of interpreting things rightly and applying the gathered information in real life scenarios. Education is not limited to lessons from textbooks. Real education is obtained from the lessons taught by life. It Leads to Career Progression An expert is one who knows more and more about less and less. Nicholas M. Butler Education is important because it equips us with the expertise that is needed in helping us realize our career goals. Expertise is an in-depth knowledge about a specific field and its ought to open doors to brilliant career opportunities. We will write a custom essay sample on Why is education so important? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Education fetches better prospects of career growth. Good education is an eligibility criterion for employment in any sector of the industry. Be it any field, education always proves to be rewarding. We are weighed in the market on the basis of our educational skills and on how well we can apply them. It Builds Character A mans own manner and character is what most becomes him. Marcus Tullius Cicero The words cultivate and civilize are synonymous with educate. That says it all. Education is important as it teaches us the right behavior and good manners, thus making us civilized. It is the basis of culture and civilization. It is instrumental in the development of our values and virtues. Education cultivates us into mature individuals; individuals capable of planning for the future, and taking the right decisions in life. It gives us an insight into living, and teaches us to learn from experience. It makes us self-confident, and develops our abilities to think, analyze, and judge. It fosters principles of equality and socialism. It forms a support system for one to excel in life. It is the backbone of society. It wont be wrong to say that good education makes us more human. It Leads to Enlightenment Education is the kindling of a flame, not the filling of a vessel. Socrates Education paves the path to disillusionment. It wipes out the wrong beliefs from our minds. It helps create a clear picture of things around, and erases all the confusion. It kindles the flame of curiosity and helps awaken the abilities to question, and to reason. The more we learn, the more questions we have, and without questions, there are no answers. Education teaches us to find answers. It makes us more self-aware. It leads us to enlightenment. It Helps a Nation Progress Our progress as a nation can be no swifter than our progress in education. The human mind is our fundamental resource. John F. Kennedy Though not enlisted as one of the three basic human needs, education is equally important. For the progress of a nation, for the enrichment of society in general, education is important. A countrys literate population is its asset. In todays competitive world, it wont be wise to neglect the importance of education for the development of society as a whole. Most countries have realized this. It has led to the development of many government-aided educational programs and government grants to schools and colleges. The motive behind this is fostering education in society. The future of a nation is safe in the hands of the educated. Education is important for the social development and economic growth of a nation. Schools and other educational institutes define the basic framework of education. Schooling gives us the fundamentals. We specialize in fields of our interest during degree courses. The number of institutes offering vocational courses and those offering online education is increasing by the day. Vocational courses help earn specialized education. Online degree programs help the working class and adults pursue education even while continuing work. Distance education has proven to be of great help for many. But education is not limited to that obtained from educational institutes. Learning is a lifelong process. Rather, self-learning begins at a point where institutional education ends. The process of self-learning continues throughout ones life. This is well-supported by a speech made by US President Barack Obama. In his national address to students across the nation, he said: Every single one of you has something that youre good at. Every single one of you has something to offer. And you have a responsibility to yourself to discover what that is. Thats the opportunity an education can provide. The process of discovering whats within never ends.