Continuing Criminal Enterprise Statute

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The Continuing Criminal Enterprise Statute (colloquially also CCE Statute or The Kingpin Statute ) is a federal law of the United States . It is directed against drug traffickers who are responsible for trafficking in significant areas. Unlike the RICO Act , which is directed against organized crime in general, the CCE Act is only directed against large organizations that are involved in the drug trade.

The CCE Act is codified as Chapter 13 of Title 21 of United States Code 21 USC  Section 848 . The law makes it a federal offense if a group of five or more people plan, or do, to organize and repeatedly violate the Comprehensive Drug Abuse Prevention and Control Act of 1970 . In order for a person to be convicted under the CCE Act, he or she must have organized, directed, or had some other leadership role in this drug trafficking conspiracy. Furthermore, she must have drawn substantial financial gain or other benefits from the drug trade. The proposed penalties range from a minimum imprisonment term of 20 years to a death sentence .

Proposed penalties

At a minimum Erstverurteilung is freedom penalty of 20 years and a fine of not more than two million US dollars provided, as well as the recovery of all the gains which have been obtained from criminal activities. In 1984 the sub-paragraph b was added, which is also known as the " Super Kingpin " provision. According to this, people who have been found to have worked as a principal administrator , organizer or as the leader of a criminal organization that has distributed a large amount of drugs - most recently 300 times what was in possession would lead to a minimum sentence of five years - or those who have made a big profit from the sale - last 10 million gross in one year - would be sentenced to life imprisonment . The sentence should not be suspended, and a release on probation is also excluded. Persons who are members of a criminal organization falling under the CCE Act and who willfully kill a person or commission a murder can be sentenced to death .

Famous cases

Black Mafia Family

The Black Mafia Family was a large cocaine distribution organization run by brothers Demetrius "Big Meech" and Terry "Southwest T" Flenory. Starting as a crack - dealer in her high school in southwest Detroit , sold the Flenory brothers at the beginning of 1990 thousands of kilograms of cocaine in at least 21 states. Both were sentenced to 30 years on September 12, 2008.

Rayful Edmond III

Rayful Edmond was convicted of distributing thousands of kilograms of cocaine in the Washington, DC area . His trial led to the first “Anonymous Jury” in Washington history. The jury continued to sit behind bulletproof glass in court for security reasons, and Edmond was detained at Marine Corps Base Quantico and flown in by the military every day of the trial.

Larry Hoover

Larry Hoover was the founder of the Gangster Disciples and was their alleged leader until his arrest in 1973. On August 31, 1995, Hoover was arrested by federal agents at the Vienna Correctional Center and taken to the Metropolitan Correctional Center Chicago , where he was charged with violating CCE law was charged. He is serving a life sentence in the ADX Florence Supermax prison .

Tijuana cartel

The leaders of the Tijuana cartel , seven brothers and four sisters, inherited it from Miguel Ángel Félix Gallardo after he was arrested in 1989 for his involvement in the murder of a DEA agent. All of them have been charged under the CCE Act for trafficking in cocaine, heroin , methamphetamine and marijuana, and for various murders. All the brothers - with the exception of Carlos Arellano Félix and Luis Fernando Arellano Félix - have been either arrested or killed by the police or in prison to this day. Luis Fernando is considered the current head of the cartel.

Augusto Falcon & Salvador Magluta

Salvador "Sal" Magluta and Augusto "Willy" Falcon were the leaders of one of the most important cocaine smuggling organizations in South Florida history . You were tried before a federal grand jury in April 1991 on a plethora of drug-related crimes, including running a criminal organization. They were charged with importing and then distributing more than 75 tons of cocaine . Both were found "not guilty" after a long process. After the trial, prosecutors investigated Magluta and Falcon's finances and it was finally established that several members of the jury , including the juror captain, had been bribed . Magluta, Falcon, several jurors, their allies and, in some cases, their attorneys were convicted of various offenses related to the trial. Magluta received a 205-year prison term, while Falcon was sentenced to only 20 years in prison after engaging in a deal with the government. Magluta was first detained at the ADX Florence after his lawyer Paul Petruzzi sued the federal government, he was relocated. Magluta is currently launching a new lawsuit based on more than 40 legal violations that are said to have occurred in its process. Federal agents involved in the case later stated that there have been few drug traffickers who have been more successful than Magluta and Falcon.

Felix Mitchell

Felix "The Cat" Mitchell was a well-known criminal king (" Kingpin ") and leader of the "69 Mob" in Oakland . He was a major heroin dealer. At the height of his power, his empire stretched across California and extended to the Midwest . His organization brought it to a monthly income over 400,000 dollars . Felix was sentenced to life imprisonment for violating CCE law in 1985 and was imprisoned in Leavenworth . Less than a year after his arrest, he was stabbed to death in his cell on August 21, 1986, the day before his 32nd birthday. At his funeral in Oakland, the wooden carriage in which his coffin was located was pulled by 10 Rolls- Royces . Numerous celebrities and over 1,000 people attended the lavish funeral, which aroused media interest worldwide.

Web links

Individual evidence

  1. ↑ National Criminal Justice Reference Series: Prosecuting Criminal Enterprises from the Bureau of Justice Statistics Special Report, November 1993, accessed October 30, 2013
  2. ↑ Drug Enforcement Administration : Black Mafia Family Members Sentenced To 30 ( January 14, 2012 memento in the Internet Archive ) , originally September 12, 2008, accessed October 31, 2013
  3. ^ Court of Appeals, District of Columbia: USA v. RAYFUL EDMOND, III ( January 21, 2013 memento in the Internet Archive ) , originally April 28, 1995, accessed October 31, 2013
  4. ↑ Drug Enforcement Administration : Larry Hoover & The Gangster Disciples ( August 17, 2012 memento on the Internet Archive ) , published 1997, accessed October 31, 2013
  5. ↑ BBC : Mexico seizes top drugs suspect of October 27, 2008, accessed October 31, 2013
  6. ↑ Drug Enforcement Administration : Leader and Senior Lieutenant of Arellano-Felix Organization Plead Guilty to Criminal Charges ( July 4, 2013 memento in the Internet Archive ) , originally September 18, 2007, accessed October 31, 2013
  7. ↑ America's Most Wanted: Inside The Cartels Of The Real "Miami Vice" ( Memento of the original from December 13, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , accessed October 31, 2013  @1@ 2Template: Webachiv / IABot / www.amw.com
  8. ↑ Oaklandish: The Paradox of Felix Mitchell Juniores ( March 7, 2008 memento on the Internet Archive ) , accessed October 31, 2013