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UNITED STATES COURT OF APPEALS DISTRICT OF COLUMBIA CIRCUIT 333 Constitution Avenue, NW Washington, DC 20001-2866 Phone: 202-216-7000 Facsimile: 202-219-8530 CRIMINAL DOCKETING STATEMENT (To be completed
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Legal Basis for Conviction: RICO Act, 18 U.S.C. § 1961(c)(1) and (2); The RICO Act, 18 U.S.C. § 1962 1 U.S.C. § 1961(c)(1). U.S. v. Kaolin and Kaolin v. U.S. 7/18/05, 7/29/06, 10/7/7/2006 (D.C. Cir., Aug. 21, 2006) (No. 05-0289) 9. Statutory Issue(s): 1. In what capacity did the RICO conspiracy involve? 2. In what capacity did the Kaolin conspiracy involve? What evidence? 3. What evidence did the government introduce to prove that each of the conspirators possessed an item of property in violation of RICO? 4. In what capacity did defendants Kaolin and Zachary possess the property that was the subject of the RICO offenses? 5. Was there probable cause to believe that each had used in a continuing criminal enterprise the criminal proceeds of the RICO offenses? 6. What is the nature of the property of the RICO offenses? 7. What is the nature of the property used by the conspirators to commit RICO conspiracy offenses? Which of the following examples best illustrates the nature of the property: (1) the sale of cocaine; (2) money laundering for a drug gang; (3) illegal gun trafficking or trafficking in weapons of mass destruction; (4) the manufacture of illicit drugs; or (5) fraud against Medicare or Medicaid for the purpose of generating a Medicare or Medicaid check? 8. What is the nature of the property that was subject to the use or possession as the predicate crimes of the conspiracy? 9. What was the nature of the property that was the proceeds of the conduct described in Section Ia of the RICO violations? What is the character of the proceeds? 10. The criminal conspiracy that the government charged is the RICO conspiracy encompassed within the RICO violation of conspiracy to commit RICO acts in violation of RICO, 18 U.S.C. §§ 1961(c)(1)-(4). Is it necessary for you to determine which crimes were charged in order to answer the questions? 11. Would you be willing to indicate an opinion whether the U.S?

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