United States v. Aulicino

44 F.3d 1102 (2nd Cir. 1995)

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Nature of the Case

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Facts

Aulicino (D) and others were involved in a kidnapping ring where most of the targeted victims were highly successful narcotics dealers. There were two crews involved. One crew was led by Palmer, and he identified potential victims. The crew headed by Ruggiero and Cleary impersonated law enforcement officers, purported to arrest the victim, abducted him, and ordered him to raise a ransom. Palmer conceived of the idea in 1990. His group, Augustine, Van Dyke, Brown, Green, and Cherry had all been active in drug trafficking in Harlem and the Bronx. Augustine had worked for many of the most successful traffickers. Augustine would select appropriate victims. Palmer told his crew that he knew of men who would pose as law enforcement officers. Palmer called on Ruggiero and Cleary. Their crew included Castelli, Olivieri, and Palazzolo. The crews got together to discuss the action. They compiled 10 targets and made seven attempts over a seven-month period. They approached Delaney, arrested him, took him to a motel in New Jersey, and tortured him with a staple gun until he agreed to pay $750,000. Delaney escaped while handcuffed to a chair and Ruggiero and Tommy took off. Everyone was angry that Delaney got away and they made post-kidnapping extortion attempts. Eventually, Delaney made a false promise of payment and lured them into a shootout. Goings was the next victim, and the Ruggiero/Cleary crew pulled Goings over by flashing law enforcement badges. They extracted a sizable ransom. Palmer’s crew was told by Palmer that the payment was $400,000. However, rumors said the payment was as high as $1 million. Cleary later confided that the ransom had been $1 million. They reinvested some of their earnings and purchased customized sedans to be used in further kidnappings. Mercedes was the next victim. Olivieri and Palazzolo entered a barbershop and arrested him. Cleary and Augustine were watching from a distance. Ransom calls were made but Mercedes was not too popular with his family, and when the ransom was not paid, Palmer ordered Brown to kill Mercedes. Brown gave Cherry a gun but when the trunk of the car was opened, Mercedes came out fighting and even though shot several times, he reached a police station. Ruggiero was still trying to get the money from the family even after Mercedes had reached the police station. Simmons was next, but he clung to his car and yelled for police and the ring members fled. Crumpler was next, his family refused to pay, and eventually, they shot him to death. Palmer was murdered by his own crew and wiretaps intercepted anxious conversations from the other members thinking that the drug dealers were out for revenge. Augustine, who had killed Palmer, encouraged that belief. No further kidnappings were attempted. Ds were charged with RICO, kidnapping, conspiracy, extortion, murder, and firearm offenses. On appeal, Ds contend that the evidence was legally insufficient for RICO. Ruggiero and Cleary contend that the government failed to prove that they engaged in a pattern of racketeering activity. They contend that 3.5 months is too short a time for RICO and because the enterprise ended before the present prosecution, the government failed to prove any threat of continuity.