Persistence and Determination

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the evolution of the Racketeer Influenced and Corrupt Organizations (RICO) statute. As a young lawyer with the U.S. Department of Justice's (DOJ) Organized Crime and Racketeering Strike Force, Mr. Small reviewed proposed RICO cases, including one against law enforcement officers in Appling County, Georgia, accused of participating in an illegal drug smuggling operation. The indictment faced several hurdles in getting approved, including pushback from higher-ups who believed that RICO was specifically meant for cases involving the Mafia. With help from a U.S. Attorney and FBI Special Agent Bill Hinshaw, the case was eventually approved. Later, at trial, they initially faced skepticism from the judge, but clear and compelling evidence led to a maximum sentence and helped reinforce the statute's reach beyond traditional organized crime.