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Illusion of Success - A Case Study in the Infiltration of Legitimate Business

NCJ Number
93999
Journal
Federal Probation Volume: 48 Issue: 1 Dated: (March 1984) Pages: 40-45
Author(s)
F T Martens
Date Published
1984
Length
6 pages
Annotation
Law enforcement must develop a strategy that attacks the systemic nature of the enterprises of organized crime by divesting it of control over both legitimate and illegitimate business in poor urban centers.
Abstract
This article presents a case study of a 'pyramid' scheme used by a vending company, liquor wholesaler, accountant lawyer, and finance company in exploiting a new buyer of a bar in a poor urban neighborhood. The four conspirators cooperate to create an overextension of credit which makes the bar owner vulnerable to the use of his facility for the operation of gambling, prostitution, and numbers. The debt of the owner is never resolved, since the aim is to repeat the scam with other buyers when the previous buyer defaults under the credit burden. The ability of local and even State law enforcement to investigate this type of crime is constrained by either the ignorance, questionable credibility, or complicity of the buyer when he tries to recoup his investment. The complexity of the scam requires a sustained investigation, using electronic and undercover 'sting' techniques. The pattern of racketeering makes it vulnerable to the Racketeer Influenced and Corrupt Organization Act. The penalties under this act are appropriate to the crime, since it requires that the properties acquired under the scam must revert to the owner of the bar, and treble damages may be awarded. Twelve footnotes are provided.