Q: How long can RICO-related cases remain sealed in Kansas, and how can I access details?

I've been assisting a family in Kansas City with their case involving a relative who was killed by gang members. In early 2023, I learned about indictments related to this gang, but the cases are still sealed over two years later. Despite submitting around 20 open records requests to KCKPD and Wyandotte County, I've obtained minimal information.

The cases are very likely RICO cases or involve multiple crimes committed by the gang members over the years, as mentioned by someone who read the indictment before passing away. I'm trying to understand why these cases remain sealed. There's speculation about a possible internal investigation involving a key ATF agent deeply involved in this case, with rumors of corruption. Could this be a reason for the continued sealing of these cases?

Also, are there legal procedures that might allow access to sealed case details or facilitate the unsealing process? Any advice on navigating this situation would be extremely helpful.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: RICO cases can remain sealed for extended periods due to several legitimate factors that may apply to your situation in Kansas City. Under federal RICO provisions, these complex investigations often involve multiple defendants and criminal activities across an extended timeframe, which can justify ongoing sealing. The involvement of a potentially compromised ATF agent could indeed be contributing to the continued sealing if there's an active internal investigation.

For sealed cases in Kansas, there are established legal procedures to petition for unsealing. Kansas Statute 60-2617 allows any party to request a hearing to unseal court records, with notice provided to all parties involved. This statute requires the court to make a written finding of "good cause" before keeping records sealed, balancing privacy interests against the public's right to access court proceedings. You may need to demonstrate a legitimate interest that outweighs the justification for continued sealing, particularly as a representative of the victim's family.

To advance this matter, consider filing a formal petition with the court that issued the sealed indictments. This petition should articulate your legal basis for accessing the records and why unsealing serves the interests of justice. Working with local counsel familiar with federal RICO proceedings would be advantageous, as they might have established relationships with prosecutors who could provide insights into the case status without violating confidentiality. Additionally, you might explore contacting the U.S. Attorney's Office handling the case directly, as victim families sometimes have rights to certain information even in sealed proceedings.

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