Internal Revenue Service Director of Exempt Organizations Lois Lerner leaves a hearing of the House Oversight and Government Reform Committee after refusing to testify May 22. Chip Somodevilla/Getty Images. Internal Revenue Service Director of Exempt Organizations Lois Lerner leaves a hearing of the House Oversight and Government Reform Committee after refusing to testify May 22. Chip Somodevilla/Getty Images.  

RICO: The real way to hold the IRS accountable

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Marinka Peschmann
Author, The Whistleblower
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      Marinka Peschmann

      Marinka is a freelance journalist. She’s collaborated and contributed on books ranging from showbiz to true crime, the United Nations and politics.

      Her first book collaboration was the critically acclaimed, The Kid Stays in the Picture that was later adapted into a documentary.

If you are looking for a political-judicial solution, such as congress, impeachment, or a special prosecutor to hold accountable the unlawful acts coming out of the Obama administration, beginning with the Internal Revenue Service’s abuse and targeting of conservatives, Tea Party groups, and Christians, you are looking in the wrong place. What the IRS did tilted President Barack Obama’s re-election in his favor.

The IRS targeting reportedly began as early as 2010. Three years later, no one has been held accountable and the facts continue to drip out in slow motion.

Last week, for instance, as the Daily Caller reported, retiring IRS lawyer Carter C. Hull testified before California Republican Rep. Darrell Issa’s House Oversight and Government Reform Committee and implicated Obama appointee, IRS Chief Counsel William J. Wilkin, in addition to the Washington-based head of the IRS’s exempt organizations office, Lois Lerner, in the IRS targeting scandal. Lerner already has pled the Fifth. Hull made it clear that the targeting of conservatives and Tea Party groups started in Washington.

Meanwhile, Attorney General Eric Holder’s Justice Department declined to prosecute a government employee who apparently knowingly improperly accessed former Senate candidate Christine O’Donnell tax records.  Does anyone really believe they will see justice from the Obama administration in these cases?

The bottom line is this. You can’t get justice within the political system in America anymore because the politicians own it. What ultimately stopped the mafia? The Racketeer Influence and Corrupt Organizations Act (RICO). What can stop the Obama administration, starting with holding corruption at the IRS accountable? RICO.

For years, as documented in The Whistleblower: How the Clinton White House Stayed in Power to Reemerge in the Obama White House & World StageWashington’s ruling elite have comprised a protected class, with rules that don’t apply to everyday Americans. If you or I lied before Congress or to federal investigators we would have been charged with perjury long ago.

In Washington, Attorney General Holder and National Security Director James Clapper can lie to Congress and hold onto their powerful positions without consequence.

People forget how the Office of Independent Counsel Special Prosecutor Robert Ray used his prosecutorial discretion when he declined in the 1990’s to charge Hillary Clinton with perjury and obstruction of justice. Others might not know that additional potential crimes were not included in the articles of impeachment during former President Bill Clinton’s impeachment hearings which might have prevented the Clintons and the Clintonistas from re-emerging in the Obama administration and on the world stage. People have failed to recall how the Bush administration declined to prosecute quid-pro Pardongate in which Eric Holder was knee deep in.

Aside from the occasional PR-savvy fall-guy resignations the federal justice system has been dead for decades.

This is why RICO — the Racketeer Influence and Corrupt Organizations Act is the solution for Americans to use to see some long overdue justice in Washington. RICO provides a peaceful way to hold corruption accountable.

Successful cases against organized crime have been built around RICO, which was enacted in 1970 to target the mafia. What is needed is to use RICO to specifically hold corrupt politicians and federal officials accountable.

RICO has already held corrupt politicians like former mayor of Detroit Kwame Kilpatrick, and his childhood friend Bobby Ferguson, accountable. Under the RICO statute, they were convicted on March 11, 2013 of using Kilpatrick’s office to run a criminal organization to extort bribes in exchange for city contracts. It can be done.

According to 18 USC § 1961, crimes under RICO include everything from extortion, obstruction of justice, obstruction of a criminal investigation, and witness tampering, to kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter and financial institution fraud. RICO also permits a private individual harmed by the actions of an enterprise to file a civil suit, and if successful, to collect treble damages (damages in triple the amount of actual/compensatory damages).

In the U.S. the act of engaging in criminal activity as a structured group is referred to as “racketeering.” In short, RICO requires at least two acts of racketeering activity, establishing a pattern which occurred within ten years after the commission of a prior act of racketeering activity. It’s clear based on the number of conservatives and Tea Party groups that were targeted by the IRS that a pattern exists. It’s also clear from the testimony before Congress and in the Inspector General report that a number of officials were involved who were following orders from above. The evidence of a pattern and conspiracy already has been established. It’s time to use it.