United States v. Bergrin, Nos. 11-4300/4552; Third Circuit; opinion by Jordan, U.S.C.J.; filed June 15, 2012. Before Judges Fuentes, Smith and Jordan. On appeal from the District of New Jersey. [Sat below: Judge Martini.] DDS No. 14-8-xxxx [50 pp.]
Paul Bergrin, a former federal prosecutor and defense attorney, was indicted in the District of New Jersey on numerous charges, including violations of the Racketeering Influenced and Corrupt Organizations Act. Reasoning that the RICO charges were inappropriate in light of the disparate nature of the substantive crimes that served as the racketeering predicates, the district court dismissed them. The Third Circuit reversed, observing that the district court’s concerns were either endemic to RICO prosecutions or involved the application of irrelevant legal standards.
