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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony,

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To: semperfijarhead who wrote (76988)5/29/2002 4:48:14 AM
From: Dale Baker   of 122087
 
Are you so sure? Remember, we are not dealing with a simple prosecution. We are dealing with the RICO statute.

The RICO angle is an ongoing systematic criminal enterprise. But that doesn't have much impact on extorting or bribing Federal agents for classified information. He still crossed the line into classified areas, and he can be nailed for it if true. That is true for one offense or 25.

I don't really think there is any terrorist connection here, just an overzealous prosecutor looking for headlines and a pre-influenced jury pool, pretty standard tactics.

The Feds want people to roll over. Do you think it makes sense that they might want to put the pressure on the subscribers?


If I were investigating the case I would get all the chat logs and then interview the main participants to see what they know. But if they can't be linked to an active RICO offense, no reason to prosecute. The hope would be that some subscribers know more about the nasty stuff and might testify in return for immunity. Remember, AP is the main big fish in the deal, that's who the prosecutors will gun for.

Also, BearDown claims that Elgindy notified his subscribers that the information was not public and was being obtained from the FBI. If one did nothing at that point and left his site - he might be exonerated. Is there a duty to report such activity?

There is no positive obligation to report a crime unless it's a traffic accident or you are an officer of the court (or sometimes medical and social work professionals, maybe teachers too). A zealous DA could go after members saying they knew the info was tainted and therefore expand the RICO definition. But I don't see the upside in the Justice Department nailing "passive" participants when they only indicted the main actors in the first place.

Just my wild-ass guesses throughout here, as usual.
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