The Botsvynyuk Organization (Organization), a Philadelphia-based criminal enterprise, smuggled destitute Ukrainian citizens into the United States and forced them to work for little to no pay. Omelyan (D) was the leader of the Organization, which also consisted of Stepan (D), the three other Botsvynyuk brothers named in the indictment, and associates in Poland, Ukraine, Mexico, and the United States. They lured victims by promising them $300 to $500 per month and by the promise that the Organization would pay their travel expenses, as well as their food and housing costs. The Organization induced at least 60, and as many as 70, Ukrainian citizens to move to the United States. Victims were smuggled through Mexico. Upon arriving in Philadelphia, the victims were immediately forced to clean retail stores, private homes, and office buildings in Pennsylvania, Maryland, New York, and Washington, D.C. Each Botsvynyuk brother controlled a different group of victims. The victims were forced to live in deplorable conditions. They worked six to seven days per week, often for more than sixteen hours per day. Payment for their labor went directly to the Organization. They were told they would not be compensated or released until they satisfied 'debts' they owed the Organization for their travel to the United States. Debts typically totaled $10,000 to $15,000. The Organization confiscated all of their identification, travel documents, and immigration papers. Fear for their families' safety served as an effective deterrent to escape. When one victim escaped in 2001, he returned to servitude because his sister in Ukraine informed him that their brother had been arrested and jailed at the direction of the Organization. When one victim would escape, the others would be beaten or threatened. All the victims escaped by 2003, but threats continued to be made up until 2007. The jury found Omelyan (D) guilty of RICO conspiracy and Hobbs Act extortion, and Stepan (D) guilty of RICO conspiracy. The District Court denied a Motion for Judgment of Acquittal and a Motion for New Trial. Ds appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The applicable rule of law for this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.