Judge I. Leo Glasser

Federal Judge Throws Out RICO Suit; Questions Remain

The leaders of the International Longshoremen’s Association might not have uncorked any champagne at their Lower Manhattan headquarters, but it’s unlikely they had seen happier times.  On November 1, U.S. District Judge I. Leo Glasser announced his dismissal of the Justice Department’s civil racketeering suit against them.  In a 109-page decision, Judge Glasser stated that the government’s complaint failed to “sufficiently specify” its rationale for applying the Racketeer Influenced and Corrupt Organizations (RICO) Act to the alleged crimes.  He wrote:  “This court will not abet the government’s effort to stretch the concept of a racketeering enterprise beyond all recognition in order to bring various otherwise disinterested parties within its scope, even for the worthwhile purpose of combating the influence of organized crime on the waterfront.” 

Extortion of Union Charges against Genovese Clan Thrown out

Sr. U.S. Dist. Judge Leo Glasser (E.D.N.Y., Reagan) has dismissed charges that the Genovese crime family committed extortion against the Intl. Longshoremen's Assn. (ILA) by exercising control over its elected officials.

Glasser issued his ruling in response to the U.S. Supreme Court's Feb. 26 decision in Scheidler v. Natl. Org. of Women(NOW).  The High Ct. ruled, 8-1, that anti-abortion protesters could not be sued for extortion under the Racketeering Influenced Corrupt Organizations (RICO) act.  The Ct. held that sit-downs at the doors of abortion facilities, though intended to prevent legal abortions, did not constitute the taking of "property," which NOW had defined as the right to procure and perform abortions.

In the Genovese case, Judge Glasser ruled that under the new precedent, the denial of ILA members' right of free elections could not be considered the extortion of "obtainable property."  Consequently, U.S. Attnys. cannot bring RICO charges against Genovese head Vincent "The Chin" Gigante and seven associates for the denial of the members' democratic rights.

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