A. What must a federal Prosecutor prove in order to successfully prosecute someone for a criminal

violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act. Be sure to identify and fully

explain each required element and the standard of proof required in general. (5 Point Maximum)

B. What are the criminal penalties that may be assessed against a Defendant who is prosecuted

successfully under the RICO Act. (3 Point Maximum)

C. In a successful civil RICO action, what civil remedies are available to the prevailing party? (2 Points)

Section III. Practical Skills Section. (

Max. Points for this Section = 30 Points

)

. This Section consists of

three Questions, the first two with subparts, that require the demonstration of basic case research and

case reading skills. Perform the basic research requested by each of the questions and respond directly

to the questions posed in their respective subparts. All work must be your own without assistance or

input from anyone else.

1. Using Google Scholar, look up the case of

U.S. v. McGee

using its citation "763 F.3d 304" and type its

citation into the search box for "Case law". Read the Opinion, paying careful attention to Sections I, IIA

and III of the Opinion and respond to the questions below.

A. Identify the federal Act under which Defendant McGee is charged with "insider trading?" (2 Points)

B. Identify the two complementary theories of insider trading liability that are cited by the Third Circuit

in this case and state which of these two theories was used to convict Defendant McGee under. (4

Points)

C. Explain why the Third Circuit Court of Appeals found that there was sufficient evidence to uphold the

Defendant's conviction for securities fraud/insider trading, notwithstanding Defendant McGee's

contention that he got his trading tips not from a professional or executive but from a fellow Alcoholics

Anonymous member? (6 Points)

2. Using either Lexis or Westlaw, look up the following case entitled

United States v. Cattle King Packing

Co.

, 793 F.2d 292 (10th Cir. 1986) and answer the following questions after reading the federal appellate

court opinion.

A. Explain what Defendants in this case were convicted of conspiring to do? (4 Points)

B. What was the standard used by the Court to determine whether reversible error occurred with regard

to the jury's verdict? (2 Points)

C. Did the 10th Circuit agree with the decision in

U.S. v. Park

case that a corporate officer can be found

guilty of criminal acts with regard to the sale of adulterated food and imprisoned for same? (2 Points).

D. Explain why the Court convicted Defendant Stanko despite Defendant's contention that he was out-

of-state when the violations were alleged to have occurred. (5 Points).

3. Using either Lexis or Westlaw, look up the following case entitled

Cedric Kushner Promotions, Ltd. v.

Don King

, 533 U.S. 158 (2001) and answer the following question after reading the U.S. Supreme Court

Opinion. Briefly, the Petitioner, Cedric Kushner Promotions, Ltd., is a corporation that promotes boxing

matches. Petitioner sued Don King, the president and sole shareholder/owner of Don King Productions,

a corporation, claiming that King had conducted the boxing-related affairs of Don King Productions in

part through a RICO "pattern," i.e., through the alleged commission of at least two instances of fraud

and other RICO predicate crimes. The lower courts dismissed the complaint because, in their view, RICO

and its provisions apply only where a plaintiff shows the existence of two separate entities, a "person"

and a distinct "enterprise," the affairs of which that "person" improperly conducts. In this case, "it is

undisputed that King was an employee" (and sole owner) of the corporation Don King Productions and

that King was also "acting within the scope of his authority." Did the Supreme Court find that Don King

violated the RICO Act? Explain why or why not. (5 Points)