Q: Can town officials misuse police resources and be charged under RICO?
I have been experiencing ongoing harassment from the Chair of the Board of Selectmen in my town who has been alleged to misuse police resources. He staged events to falsely accuse me of violating a harassment prevention order, leading to my arrest and incarceration. The situation has escalated to police harassment, including being prosecuted for canine violations, although I do not own a dog. I am currently submitting a complaint to the new Massachusetts POST Commission, and the Massachusetts Attorney General and FBI have been notified due to allegations of misappropriating state and federal funds. There is also a labor issue involved. Would the RICO statute apply in this situation, and can town officials and police be charged under RICO?
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A:
The RICO (Racketeer Influenced and Corrupt Organizations) statute might potentially apply to your situation, but it requires proving specific elements that can be challenging. For RICO charges to stick, prosecutors must demonstrate a pattern of racketeering activity (at least two predicate crimes from a specific list) connected to an "enterprise" occurring within a ten-year period. Public corruption cases involving misuse of authority can sometimes qualify, especially when involving multiple parties working together over time.
When looking at public officials and police, courts have occasionally applied RICO in cases of systemic corruption, though it's not common. The harassment, false accusations, wrongful arrest, and potential misappropriation of funds you describe could potentially form the basis for a RICO case if prosecutors can establish the required pattern. The involvement of multiple officials across different departments might strengthen the argument that an "enterprise" exists beyond just individual misconduct.
Given the complexity of your situation, speaking with an attorney experienced in public corruption cases would be your best path forward. While pursuing your complaint with the POST Commission is an excellent first step, documenting every incident thoroughly will help support any potential legal action. The FBI involvement is significant since they typically handle RICO investigations, and focusing on the financial aspects (misappropriation of state/federal funds) might draw more investigative resources to your case. Remember that even if RICO doesn't apply, other serious federal and state charges might be available to address this type of misconduct.
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