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Office of Youth Ministry: Located in the OLQA school auditorium lobby: Phone TBA.
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The indictment charges that the submission of false information regarding eligibility resulted in the universities being defrauded of both scholarship money and the universities' right to distribute their limited number of athletic scholarships to individuals who are eligible to compete on behalf of the universities. The mail fraud statute specifically provides that the mailings must be "for the purpose of executing the scheme." 18 U. Under this definition, mailings made after the scheme has reached its fruition are not in furtherance of the scheme, nor are mailings which conflict with the purposes of the scheme and have little effect upon the scheme. If the universities or the Big Ten Conference had been given truthful information on the forms, the universities could have terminated the student-athletes' football scholarships and prevented the athletes from playing with the team. In order to preserve the character and quality of the "product," athletes must not be paid, must be required to attend class, and the like. Likewise, two dissenters shared the majority's sentiments regarding many of the NCAA's rules, including those limiting the compensation of student-athletes: ... After reviewing these regulations under the rule-of-reason analysis, the Fifth Circuit held that the NCAA's eligibility rules were reasonable and therefore did not violate the antitrust laws. at 2960; see also Mc Cormack, supra, 845 F.2d at 1344-1345. Next, defendants seek dismissal of the substantive mail fraud counts and the mail fraud allegations in the remaining counts based on what is commonly referred to as a "Mc Nally" argument. Mc Nally did not limit the scope of § 1341 to tangible as distinguished from intangible property rights.(a) ... Ill.1988) (discussed further infra.) Thus, even if the universities would have paid out the same amount of money in athletic scholarships to other students had the defendants not concealed their actions, the universities were still defrauded of money and property by the actions of these particular student-athletes. Walters' motion to dismiss the mail fraud counts on due process grounds is denied. That the indictment alleges separate crimes is not fatal, "there may be a single conspiracy even though the commission of two or more offenses is contemplated." United States v. Further, on the facts alleged here, the separate crimes alleged could conceivably be part of a larger scheme by defendants to act as business agents for college football players. The enterprise allegation in the indictment states: "Norby Walters Associates and World Sports & Entertainment were an `enterprise' that is, an association in fact, ..." Superseding Indictment, Count I, ¶ 2(d). In this case, the essential structure of the agency business operated by Norby Walters Associates is alleged to have continued from 1981 through 1987 and includes the later incorporation of and association with WSE.
The indictment alleges numerous instances where defendants' practice of contracting with student-athletes while the athletes were still eligible to play amateur athletics resulted in allegedly false statements being submitted to universities and athletic regulatory bodies. Even if defendants did "cause" the mailings to a location in this district, Bloom argues that the mailings of the documents to the Big Ten Conference by the universities did not further the alleged fraud scheme. In Wormick, supra, 709 F.2d at 462 (citations omitted), quoting United States v. 1975), the Seventh Circuit summarized the law defining the "in furtherance" requirement: Mailings are in furtherance of a scheme if they are incidental to an essential part of the scheme. Further, a jury could reasonably conclude that the mailings in this case are an essential part of the scheme because they facilitated concealment of the scheme. The government argues in response that the NCAA eligibility requirements and principles of amateurism adopted by the universities do not constitute unreasonable restraint of trade in violation of the Sherman Act. The identification of this "product" with an academic tradition differentiates college football from and makes it more popular than professional sports to which it might otherwise be comparable, such as, for example, minor league baseball. 1988), plaintiffs argued, as do defendants in this case, that the eligibility rules concerning restrictions on compensation to college football players constituted illegal price fixing. The Court ruled that the confidential information was property, stating that: its intangible nature does not make it any less "property" protected by the mail and wire fraud statutes. Charging several conspiracies in the same count violates this rule and leads to evidentiary and appellate confusion. Defendants argue that the separate crimes alleged in Count VI are so diverse that they cannot be classified as a single scheme. The government alleges a single agreement to commit separate crimes.
For purposes of these pretrial motions, the court accepts the factual allegations of the indictment as true. Finally, the indictment alleges that during the grand jury investigation defendants concealed from the grand jury information concerning athletes who were still competing in intercollegiate athletics. Count One charges a conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act, 18 U. The basis for the charge is the mailing of false eligibility documents by two University of Michigan football players to the Big Ten. 18, "the prosecution shall be had in a district in which the offense was committed." Venue in this district is based on the mail fraud allegations that defendants caused Big Ten member universities to send various allegedly fraudulent eligibility lists, statements of eligibility, and statements of financial support to the Big Ten offices in Schaumburg, Illinois. It was in this way that the indictment charged that the people of Kentucky had been deprived of their right to have the Commonwealth's affairs conducted honestly. The indictment alleges a very basic fraud scheme: particular student-athletes obtained tangible property from their universities based on fraudulent misrepresentations of material facts concerning the student-athlete's eligibility status. Del.1988), the defendant was charged with wire fraud for submitting false time sheets to a stevedoring company. The indictment alleged that the city was deprived of tangible property in the form of salaries and benefits paid to police officers who had not legally qualified for the position of patrolman. According to the common law: The word "property," in law, is not the material object itself, but it is the right and interest or domination which is rightfully and lawfully obtained over the material object, with the unrestricted right to its use, enjoyment and disposition, either limited or unlimited in duration. There the defendant was alleged to have schemed to both (1) defraud the victim of its right to have a product meeting certain government requirements and (2) obtain money by means of false and fraudulent pretenses, representations, and promises. Ill.1988), the government alleged a scheme by a bank employee to defraud the bank of "money in the form of loans" by making loans in violation of the bank's customary lending policies. Carpenter and Lytle provide persuasive support for the validity of the mail fraud counts in this indictment. Where, however, an enterprise is an association in fact, the enterprise must be an association having an ascertainable structure which exists for the purpose of maintaining operations directed toward an economic goal that has an existence that can be defined apart from the commission of the predicate acts constituting the "pattern of racketeering activity." Id. Anderson, 626 F.2d 1358, 1372 (8th Cir.1980), cert. Indeed, once a defendant becomes a co-conspirator in a RICO conspiracy, he is responsible for previous acts of the conspiracy. Here, if Bloom joined a previously existing RICO conspiracy among Walters, Franzese, and others, he can be held criminally responsible for their earlier actions. Bloom argues that these allegations fail to state an offense under the Hobbs Act for two reasons: first, because they fail to allege the wrongful use of actual or threatened force (a "claim of right" defense); and second, because they fail to allege an effect on interstate commerce. In particular, Bloom posits that threats to enforce a contract right with an individual where such extortion would only diminish the individual's assets in an amount he freely agreed to could not possibly have an effect on interstate commerce. The extortionate activity alleged is defendants' threats of force to enforce contract rights against individual college athletes.
In addition to the conduct outlined above, the government charges that in some cases the defendants threatened student-athletes with physical harm if the student-athletes tried to withdraw from the contractual relationship with defendants. On the other hand, mailings made to promote the scheme, or which relate to the acceptance of the proceeds of the scheme, or which facilitate concealment of the scheme, have been found to have been in furtherance of the scheme under this definition. Such an occurrence could seriously affect a particular athlete's value to defendants. And the integrity of the "product" cannot be preserved except by mutual agreement; if an institution adopted such restrictions unilaterally, its effectiveness as a competitor on the playing field might soon be destroyed. each of these regulations represents a desirable and legitimate attempt "to keep university athletics from being professionalized to the extent that profit making objectives would overshadow educational objectives." Id. The Mc Cormack court found the fact that the NCAA permits some compensation through scholarships does not undermine the rationality of the eligibility requirements: That the NCAA has not distilled amateurism to its purest form does not mean its attempts to maintain a mixture containing some amateur elements are unreasonable. Bloom cites several cases to support his argument that "similar restrictions limiting the right of athletes to receive compensation in a competitive market have been held illegal." Defendant Bloom's Motion to Dismiss the Indictment on Antitrust Grounds, p. All these cases are distinguishable because they involve professional leagues, not college football. We find, based upon Board of Regents and Mc Cormack, that the NCAA's eligibility rules, on their face, do not violate the federal antitrust laws. In Mc Nally Defendants argue here that the universities were not defrauded of money or property. money and property in the form of tuition, room, board, fees, and other financial assistance provided to student-athletes on the basis of false certifications submitted to the student-athlete's school; and(b) ... The universities need not experience a net financial loss to qualify them as mail fraud victims. Evans, 844 F.2d 36, 40-42 (2d Cir.1988) (discussing role of common law definitions of property in defining property for purpose of mail fraud statute). Defendants seek dismissal of the two conspiracy counts, Counts I and VI, on the ground that each count improperly alleges multiple conspiracies. The jury will determine whether the government has proven the single agreement. Bloom moves for dismissal of the two RICO counts, Counts I and VII, on the ground that the RICO enterprise allegation is deficient. Bloom points out that the indictment alleges WSE was not organized until 1984. Indeed, the essential structure of the business seems not to have changed significantly through the addition of WSE: WSE had no offices, bank accounts, telephones, or employees of its own, it operated its business as part of Norby Walters Associates.
Our Lady Queen of Apostles Regional School: 631.878.1033. Note: On the evenings of Summer Evening Prayer, the Miraculous Medal Novena and the Holy Hour for Priests will not be held.
Parish Outreach: Located in the Red Barn: 631.874.3617. A music group led by one of SJE’s own cantors - Jay Mauro. A free will offering will be taken up for Hope House Ministries at this evening’s prayer.
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Defendants Norby Walters ("Walters") and Lloyd Bloom ("Bloom") are charged in a seven-count indictment with several crimes, including racketeering, extortion, and mail and wire fraud, in connection with their activities as business agents for certain sports and entertainment figures. An unindicted third party, Michael Franzese, allegedly a member of an organized crime family, assisted defendants in obtaining and retaining clients through threats of force. See e.g., Superseding Indictment, Count I, ¶ 25(b)(2)-(5). Thus, the NCAA plays a vital role in enabling college football to preserve its character, and as a result enables a product to be marketed which might otherwise be unavailable. We therefore conclude that the plaintiffs cannot prove any set of facts that would carry their antitrust claim and that the motion to dismiss was properly granted. As the Supreme Court in Board of Regents, supra, observed: "[t]he identification of this `product' [college football] with an academic tradition differentiates college football from and makes it more popular than professional sports to which it might otherwise be comparable...." 468 U. As such, enforcement of those rules and regulations does not constitute an illegal boycott, contrary to Bloom's assertion. Mc Nally involved several individuals who were convicted of mail fraud based on their participation in a self-dealing patronage scheme which allegedly defrauded the citizens and government of Kentucky of certain "intangible rights," such as the right to have the commonwealth's affairs conducted honestly. The Court held that the victims, the citizens and government of Kentucky, were not deprived of "money or property" by this scheme. [the universities'] right to control the allocation of a limited number of athletic scholarships to student athletes who the universities considered to be eligible, under the rules and regulations adopted by the university, to compete and represent the school in intercollegiate football and to receive an athletic scholarship in that sport. The indictment alleges a second type of property deprivation in ¶ 22(b). It follows that the property right identified in ¶ 22(b) is but one property right already encompassed by the bundle of property rights represented by allegation (a). A RICO "enterprise" is defined as "any individual, partnership, corporation, association or legal entity, and any union or group of individuals associated in fact although not a legal entity...." 18 U. Thus, Bloom argues, WSE could not have been associated in fact with Norby Walters Associates as a RICO enterprise from 1981 through 1984, four of the seven years during which the enterprise allegedly operated. The government has adequately pled a RICO enterprise. Ed.2d 379 (1973), where the Supreme Court arguably recognized such a defense.
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