Author Dean Browning Webb Explores the Pinkerton Doctrine

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New book presents critical assessment addressing why the Pinkerton Doctrine should not be accorded judicial symmetrical application to RICO conspiracy litigation

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On 11 March 2013, a Detroit federal jury returned a guilty verdict against former Detroit mayor Kwame Kilpatrick for engaging in a RICO conspiracy involving pervasive public corruption with Case No.: 10-20403, Detroit, Michigan, the Honourable Nancy G. Edmunds. Also, on 18 March 2013, a Newark federal jury returned a guilty verdict against former Assistant United States Attorney turned criminal defense counsel Paul Bergrin, under Case No.: 09-369, Newark, New Jersey, the Honourable Dennis Cavanaugh, for engaging in a RICO conspiracy involving murder for hire, extortion, bribery, drug trafficking, and prostitution, and all from Bergrin's law offices. On 26 July, 2013, United States v. Kyle John Grasso, United States Court of Appeals for the Ninth Circuit, Case No. 10-50116, App. LEXIS 15285 (9th Cir., 26 July 2013) affirmed federal criminal conspiracy conviction of Kyle John Grasso indicted for conspiracy to defraud mortgage lenders by committing bank fraud, false loan statement fraud, and money laundering, the conspiracy conviction upheld by application of the Pinkerton Doctrine. Author Dean Browning Webb pens an impressive publication that applies judicial symmetry of the Pinkerton Doctrine to RICO Conspiracy Litigation through the concept of mediate causation in RICO Conspiracy Law and the Pinkerton Doctrine.

The author advances the argument that Pinkerton v. United States, 328 U.S. 640 (1946), a rule of criminal conspiracy law, is both increasingly and appropriately invoked in the RICO civil conspiracy context, and judicially fusing the concept of “mediate causation” rationally supports that application. Litigating federal RICO issues – both civilly and criminally – is especially exacting and rigorous. Perhaps nowhere is this contentiousness evidenced with increasing intensity and sharply contrasting positions than that specifically addressing the federal RICO conspiracy law.

The express underlying purpose of this text is intended to address the application of the Pinkerton Doctrine to federal RICO conspiracy litigation. Analyzing Pinkerton in the context of federal RICO conspiracy criminal prosecutions, applied in conjunction with recognizing the significant importance of the RICO Liberal Construction Clause, supports correlative applicability in the context of federal RICO conspiracy civil litigation. It is concluded that the Pinkerton Doctrine is justifiably appropriate to, and commensurately supportive of, civil RICO conspiracy litigation. Pinkerton, which imputes co-conspiratorial liability for substantive crimes committed by other confederates of a conspiracy, can successfully be employed as an effective instrument to encourage and allow civil RICO plaintiffs to hold “deep pocket” parties liable for RICO contraventions.

Thought-provoking and challenging, this publication brings to light the application of the Pinkerton Doctrine to the RICO Conspiracy Law. Readers who are keen to understand more about the laws and enlighten their knowledge with regards to these will find RICO Conspiracy Law and the Pinkerton Doctrine a truly valuable book.
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About the Author
Dean Browning Webb specializes in complex RICO litigation with emphasis on application of the Pinkerton Doctrine in RICO conspiracy. James N. Gross, Esq., of Philadelphia, PA., and the author represent plaintiffs in the RICO conspiracy case of Smith v. Berg, 247 F.3d 532 (3rd Cir. 2001). A member of both the RICO Law Reporter Advisory Board and the Civil RICO Report Advisory Board, the author publishes extensively upon RICO conspiracy law and the Pinkerton Doctrine, as well as addressing RICO aiding and abetting issues. The author is a former staff attorney, 1978 House Select Committee on Assassinations. This project would not have been possible without the dedication and significant contributions of legal assistant, Ms. Mary Jacqueline Evans. The author dedicates this textbook in eternal remembrance of Juretta Elizabeth Oliver.

RICO Conspiracy Law and the Pinkerton Doctrine * by Dean Browning Webb
Judicial Fusing Symmetry Of The Pinkerton Doctrine to RICO Conspiracy Through Mediate Causation
Publication Date: May 22, 2013
Trade Paperback; $23.99; 614 pages; 978-1-4797-7914-7
Trade Hardback; $34.99; 614 pages; 978-1-4797-7915-4
eBook; $3.99; 978-1-4797-7916-1

Members of the media who wish to review this book may request a complimentary paperback copy by contacting the publisher at (888) 795-4274 x. 7879. To purchase copies of the book for resale, please fax Xlibris at (812) 355-4079 or call (888) 795-4274 x. 7879.

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