United States District Court for the Northern District of Illinois
754 F. Supp 1161 (N.D. Ill.1990)
Thirty-eight members and associates of the El Rukn street gang (defendants) were charged in a 175-count indictment that detailed over 250 separate criminal acts committed between 1966 and 1989 in various locations. Count one of the indictment charged the defendants with conspiracy to violate the Racketeering Influenced and Corrupt Organizations (RICO) Act and alleged that El Rukn was a racketeering enterprise as defined in RICO. The defendants were accused of conducting El Rukn’s affairs through the commission of at least 20 murders, 12 attempted murders, 11 conspiracies to murder, kidnapping, and wide-scale drug trafficking. Count two of the indictment charged 36 defendants with substantive RICO violations, including murders, witness intimidation, conspiracies to murder, and narcotics-related offenses. Count three of the indictment charged the defendants with conspiracy to distribute illicit substances across various locations. The government consolidated these unconnected criminal acts into one indictment and one trial, arguing that each act was committed to gain power, control, and wealth for El Rukn. Several defendants filed motions to sever the indictment pursuant to Rule 8(b) or, in the alternative, Rule 14 of the Federal Rules of Criminal Procedure.
Rule of Law
Holding and Reasoning (Aspen, J.)
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