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United States v. Gotti

United States Court of Appeals for the Second Circuit
459 F.3d 296 (2006)

Written by Carolyn Strutton, JD

Facts

Peter Gotti, Richard Gotti, Anthony Ciccone, and Richard Bondi (defendants) were all members or associates of the Gambino Family, an organized-crime family based in New York City. Peter, Richard, Ciccone, and Bondi were among a number of Gambino Family members and associates who were charged in a 68-count indictment based on extortion, corruption, and other illicit activities conducted as part of the family’s organized-crime operations. The extortion schemes allegedly included actions against labor unions, health plans, union members, business owners, and actor Steven Seagal. The mobsters were eventually convicted of numerous counts of extortion under the Hobbs Act, 18 U.S.C. § 1951. The mobsters appealed, alleging that the recent Supreme Court decision in Scheidler v. National Organization for Women, Inc., 537 U.S. 393 (2003) (Scheidler II), had held that the Hobbs Act did not apply to intangible property, and therefore the decision invalidated the extortion convictions.

Rule of Law

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Issue

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Holding and Reasoning (Katzmann, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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