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United States v. Oreto

United States Court of Appeals for the First Circuit

37 F.3d 739 (1994)

Facts

Frank Oreto Sr., his son Frank Oreto Jr., and their associate Dennis Petrosino (defendants) operated an extensive loansharking operation in Revere, Massachusetts. Frank Sr. was the head of the enterprise, and Frank Jr. and Petrosino collected the loans and interest payments from the borrowers. The operation had loans out to over 300 borrowers and charged extortionary rates of interest, using threats, intimidation, and violence to collect payments. The three men were indicted and charged with numerous federal crimes, including racketeering under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. § 1962(d), making extortionate loans, and with associated conspiracy charges. All three of the men were convicted on two RICO counts. Frank Sr. was additionally convicted on 48 other counts and sentenced to 20 years in prison, to be served consecutively to the life sentence he was already serving for second-degree murder. Frank Jr. was convicted of four additional counts and sentenced to six years imprisonment, and Petrosino was convicted of seven additional counts and sentenced to 10 years. The three men appealed. Frank Jr. and Petrosino claimed that they should not have been convicted under RICO because they were only employees of the enterprise and did not direct any of the illegal activity.

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Holding and Reasoning (Boudin, J.)

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