United States v. Neapolita

791 F.2d 489 (7th Cir. 1986)

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Nature of the Case

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Facts

Neapolitan (D), Cadieux and Sapit, were investigators for the Cook County Sheriff's Department. They were charged with a number of criminal violations. D was acquitted on all the mail fraud counts by the district judge. Neapolitan then went to trial as the sole defendant charged only with the RICO conspiracy. The predicate acts for the RICO charge were the four alleged acts of mail fraud and eleven specified acts of bribery. As for the bribery, D was identified as having been involved in only one. With the dismissal of the mail fraud counts against him, D's involvement in the conspiracy is limited to the solicitation of one cash bribe. P presented evidence concerning the activities of all three police officers, including evidence of D's alleged participation in the 'fixing' of a pending case, in Cadieux's attempt to sell the front end of a 1980 Cadillac El Dorado, and in the process of obtaining a new 'clean' title for a 1977 Ford pick-up truck. D was found guilty of a RICO conspiracy, and he was sentenced to a period of one-year incarceration. D appealed. D contends that section 1962(d) is implicated only when a defendant agrees personally to commit two predicate acts.