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ARIEL KY

Ariel Ky

Ariel Ky
Location
Oceanside, California, U.S.
Birthday
October 11
Title
English Teacher
Bio
I consider myself a generalist, a dreamer, a visionary, an idealist. I walk both worlds, the inner world of spirit and this outer world we all share in. I have real power, the power of a strong connection to the earth and the power of truth and resilience. I am committed to being effective in bringing about the changes that must take place in the minds and hearts of people so that we can live in peace and harmony with each other and all life on this planet. I grew up in the fifties in Lansing, Michigan. My father was a bricklayer, my mother a teacher. I have a strong identification with the working class and ordinary people, and was always quick to defend the underdog and play the devil's advocate. My strengths are being able to see the big picture and getting to the heart of the matter. I consider that I am a fairly good writer, having worked at this craft my entire life, but I once had a professor who said my true genius was in speaking. Along with most of the people on this planet, I am seriously concerned with the present state of affairs and lack of balance in the U.S. military dominance. I am presently teaching English in China. My profession is an ESL teacher, which I have been doing off and on for over 20 years. I have a Master's degree in TESOL from Michigan State University, a Journalism degree from San Diego State University with an emphasis in Public Relations, and a Library Media Assistant AA degree from Pasadena City College. Research is my passion and main past time, even before the advent of the Internet. I worked in the library at Michigan State University before my son was born in 1986, where I pursued research topics that I was interested in. When I was in my early twenties, I worked on a book on women's health care as part of a book team at the Feminist Women's Health Center in Los Angeles, doing research at UCLA's medical library that led to a new view of a woman's clitoris. The book is still available in print, "A New View of a Woman's Body." I am working again with a team of writers on another book with the working title of "Opening Our Hearts and Sharing Our Dreams of What May Be" to share our visions and action plans for the young people coming of age (between the ages of 16-21) and support them in carrying out what needs to be done to manifest the world that they want to have for themselves.

Ariel Ky's Links

Salon.com
SEPTEMBER 8, 2011 9:57AM

RICO Matters: Are Wall Street and Big Banks Corrupt?

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If you are angry at what the bank executives are getting away with in the banks too big to fail, and think that Wall Street is corrupt, you may wonder if our government is also entirely corrupt because it would seem they're in cahoots to cheat people out of their money.

But everyone in government isn't corrupt, nor even everyone who works for a bank or Wall Street... well, let's give them the benefit of the doubt.

The people do have some recourse by applying the Racketeer Influenced and Corrupt Organizations Act, known more simply as RICO. Anyone can find out more about RICO by looking it up in Wikipedia, but I'll excerpt a few pertinent sections:

RICO is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows for the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because they did not actually do it.

Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity."

RICO also permits a private individual harmed by the actions of such an enterprise to file a civil suit; if successful, the individual can collect treble damages.When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets.

An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney.

Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.

There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers". Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."

So there it is, folks. We don't have to be victims of Wall Street and big banks whose racketeering, shell games and corruption are destroying our middle class. We have recourse. RICO matters.

Author tags:

rico, wall street, banks

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