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Wow! @TheJusticeDept files RICO charges against @Huawei justice.gov/opa/pr/chinese…
@TheJusticeDept @Huawei RICO is typically used against organized crime syndicates (like the Mafia). And it is really, really complicated and hard to prove. cc: @Popehat (Is it RICO this time?)
@TheJusticeDept @Huawei @Popehat Unlike the case agt the PLA hackers, @huawei will fight this case in US court (with its top notch US lawyers) and make @TheJusticeDept prove its case beyond a reasonable doubt. I hope DOJ is ready for what will be an epic legal battle.
@TheJusticeDept @Huawei @Popehat RICO requires the DOJ to prove Huawei was an enterprise deriving income from criminal activities (e.g. "racketeering"). The DOJ alleges those Huawei criminal activities are theft of IP, trade secrets, wire fraud, money laundering, etc.
RICO is the headline charge, but DOJ is also charging Huawei with a conspiracy to steal trade secrets (which seems like it will be much easier to prove).
I should note that Meng Wanzhou is NOT part of the new charges. The charges against her (I think) remain the same (bank fraud).
As a point of comparison, here is a typical RICO case (from Oct. 2019 against a Mafia family). I think I am safe in saying it is pretty unusual way for RICO to be used against a company like Huawei. justice.gov/usao-edny/pr/2…
One of the penalties allowed w/ RICO is seizure of property that derived from the "racketeering". In Huawei's case, based on the DOJ's allegations, that could be a whole lot of money! law.cornell.edu/uscode/text/18…
Under DOJ guidelines, RICO has to be approved by the Organized Crime and Gang Section, which should give you a sense of against whom RICO is normally used. justice.gov/jm/jm-9-110000…
I sure hope DOJ knows what they are doing and has all of the evidence, because an acquittal here would be pretty humiliating. And RICO is just so complicated. See the DOJ's own framework here. justice.gov/archives/jm/cr…
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