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United States v. Botsvynyuk

552 F. App’x 178 (2014)

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United States v. Botsvynyuk

United States Court of Appeals for the Third Circuit
552 F. App’x 178 (2014)

Facts

The Botsvynyuk Organization was a criminal enterprise that included Omelyan Botsvynyuk (defendant), Stepan Botsvynyuk (defendant), and three of their brothers. The Botsvynyuks operated a cleaning business with workers smuggled into the United States from Ukraine. The workers were promised good pay, and then they were forced to work for little or no pay. Attempts to escape were met with violence, threats of violence, and threats to the workers’ family members in Ukraine. The five Botsvynyuks were indicted for conspiracy to conduct a racketeering enterprise under the four-part forced-labor portion of the Racketeer Influenced and Corrupt Organizations Act (RICO) in federal district court. Aggravated sexual assault in furtherance of racketeering activities and Omelyan’s leadership role were included in the jury instructions as sentencing factors. The Botsvynyuks were found guilty of RICO conspiracy. Omelyan was also found guilty of extortion under the Hobbs Act. Omelyan filed motions for a judgment of acquittal and a new trial, both of which were denied. Omelyan appealed, alleging erroneous jury instructions. Stepan also appealed. The United States Court of Appeals for the Third Circuit granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Vanaskie, J.)

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