Race Matters The Collision of Racially Disparate Dynamics in The Context of Litigating Complex Pinkerton, RICO §1962(d) Conspiracy and Mediate Causation Issues

Book excerpt: Aggressively litigating intricately complex federal RICO §1962(d) conspiracy relief claims and RICO §1962(d) criminal counts present intensely technical issues. These exceedingly significant complex issues include application of the Pinkerton Doctrine and the concept of mediate causation when intimately analyzed and critically evaluated in the context of judicially differentiating inexplicably inconsistent and diametrically inapposite interpretations of the Pinkerton Doctrine, mediate causation, and mediate causality, involving prosecuting and litigating racketeering conspiracies of racial and ethnic minorities and contrasted with prosecuting and litigating white collar professionals and corporate financial institutions. The express purpose of this Abstract section of this multi-volume treatise is expressly intended to critically contrast judicially incongruent, inexplicably inconsistent interpretations and varying applications of these doctrinal postulates by critically analyzing federal decisional authorities rendering conflicting results. These results are graphically exemplified in the context of judicially differentiating and readily distinguishing litigation in the criminal RICO §1962(d) conspiratorial context of racial minorities and ethnic minorities indicted with commission of federal statutory offenses aggressively prosecuted resulting in conviction, contrasted with civil RICO §1962(d) conspiratorial litigation involving white collar professionals and corporate financial institutions accused of commission of federal statutory offenses arising in monetary and financial transactions involving property loss. This treatise concludes that Pinkerton and mediate causation be accorded judicially symmetrical application without judicial differentiation between RICO §1962(d) criminal prosecutions and RICO §1962(d) civil litigation.