Wisconsin Joins Oregon in Attacking Eco-terror with RICO Statutes

By Teresa Platt, Executive Director, FCUSA

FOLLOWING AN OREGON BILL introduced in February, Wisconsin State Representative Steve Kestell has introduced Assembly Bill 899(1) to battle eco-terrorism through RICO statutes.

AB 899 will amend the state statutes relating to unauthorized release of animals, adding this type of eco-terrorism to racketeering activity.

The Racketeer Influenced and Corrupt Organization Act, commonly known as RICO, was designed to combat criminal organizations at state, federal and international levels.(2)

On Mar. 23, Wisconsin Assembly Bill 899 received a public hearing before the Assembly Committee on Criminal Justice. Local fur farmers Jim Wachter and Mel Blanke, Sr. testified along with Dennis Schmitt of the North American Fur Auction (NAFA).

According to Rep. Kestell, "Testimony by members of the fur industry was critical to committee passage of AB899," which received a 10-4 affirmative vote. AB 899 is expected to move to the floor in the State Assembly the last week of March.

Stated Kestell, "This legislation would offer an important prosecution tool under the Wisconsin organized crime laws."

Oregon and RICO

The Wisconsin bill is similar to a bill introduced in February in Oregon. The Oregon proposal, authored by Rep. Bob Jenson (R-Pendleton) and Rep. Lane Shetterly (R-Dallas), and supported by Oregon Attorney General Hardy Myers, would make repeat eco-terrorism punishable under the state's racketeering statute.(3)

Both bills recognize the export of urban-based terrorist actions impacting rural resource providers around the country. "So often, these acts of vandalism and destruction of property and interference with legal activity are not isolated incidents committed by one person acting alone," Shetterly stated.(3) "These acts are committed to further a plan of attack against a particular target, or make a political statement."

The Oregonian has reported on the escalation of attacks by groups such as the Animal Liberation Front and the Earth Liberation Front, terrorist groups dedicated to "liberating" the Earth and animals from any interference by mankind. In a ground-breaking four-part series on eco-terror in the west, Oregonian reporters Bryan Denson and James Long documented 100 major arsons, bombings and other acts of sabotage with damages greater than $50,000 in 11 Western states. Damages from those crimes totaled $42.8 million from 1980 through late 1998 - two-thirds of which occurred in the preceding four years. Arson was the weapon of choice used by eco-terrorists.

Organized Crime

RICO was designed to help law enforcement deal with criminal activity that is organized, methodical and brutal, in particular the use of intimidation to generate cash or control legal businesses for illegal gain.

The Outfit, the Syndicate, La Cosa Nostra, the Family, Mafia, the Mob: these were the names given to organized crime in Chicago alone. Older citizens will recall the Black Hand, a secret society that engaged in acts of terrorism and blackmail across the US early this century. Joining these names in the new millennium are the Animal Liberation Front, Earth Liberation Front and a group specializing in letter bombs called the "Justice Department".

Chuck Pritchard, chief counsel to the Oregon attorney general's office, stated in a Jan. 17, 2000 memo, "Eco-terrorism is becoming a major criminal issue in the Northwest. Groups like the Animal Liberation Front and Earth First have caused significant property damage in this state and elsewhere. The FBI has expanded its efforts against these groups in an attempt to make a meaningful impact on them."(3)

To many following these issues, it is obvious that state and local law enforcement and policy makers have been far more consistent, aggressive and successful than federal agencies at battling eco-terror. However, it takes a significant commitment by law enforcement to investigate, develop and prosecute cases against those participating in and funding underground terrorist activities. Current misdemeanor penalties do not reflect the massive investment of time and energy required by law enforcement to bring this criminal component to justice.

Unlike the Mafia et al., many terrorists are not in the business of extorting cash from victims. Nonetheless, in 1994 the Supreme Court ruled that advancement of an agenda or cause was sufficient grounds for a RICO action. In the 1994 case over abortion clinic conflicts, the Supreme Court found that blocking entrances to clinics was a type of extortion, a "predicate act" under RICO. Additionally, using blockades, bombs and threats in an attempt to close clinics was racketeering, an illegal enterprise in its own right. Whether the racketeering was conducted for money or some other motive was irrelevant.

Simply put, blowing up buildings and vehicles, stealing animals, damaging people's lives and property and organizing and funding these actions behind the scenes, can be prosecuted under RICO, whether the motive is cash, ego or politics.

NOTES:
(1) An analysis of Wisconsin AB 899 by the Legislative Reference Bureau notes, "Current law prohibits the unauthorized release of animals. A person engages in the unauthorized release of animals if, without the consent of the owner or custodian of the animal, he or she intentionally releases an animal that is lawfully confined for scientific, farming, recreation, restocking, research, exhibition, commercial, educational, companionship or protection purposes. A person who violates the prohibition against the unauthorized release of animals is generally guilty of a misdemeanor and may be fined or imprisoned in a county jail or both. However, a person who commits a third or subsequent violation of the prohibition is guilty of a felony and may be fined or imprisoned in a state prison or both. In addition, Wisconsin currently has an organized crime control law, which provides criminal and civil penalties for engaging in racketeering activity and continuing criminal enterprises. ... Current law defines 'pattern of racketeering activity' to mean engaging in at least three incidents of racketeering activity within a seven-year period that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated. 'Racketeering activity' is an attempt or conspiracy to commit, or the actual commission of, certain specified felonies, including felonies relating to homicide, battery, theft, burglary and robbery." AB 899 "expands the list of felonies considered to be 'racketeering activity' to include felony violations of the current prohibition against the unauthorized release of animals."

Information on Wisconsin State Representatives and legislation can be found at www.state.wi.us. AB 899, Mar. 20, 2000: Introduced by Reps. Kestell, Suder, Ott, Leibham, Musser, Porter, Albers, Urban, Stone, Goetsch, Vrakas, Hahn, Sykora and Johnsrud, co-sponsored by Senators Baumgart, Roessler, Huelsman, Schultz and A. Lasee. Referred to Committee on Criminal Justice. Rep. Kestell can be reached at (608) 266-8530 or Rep.Kestell@legis.state.wi.us

(2) For information on RICO see US Code, Title 18 - Crimes and Criminal Procedure, Part I - Crimes, Chapter 96 - Racketeer Influenced and Corrupt Organizations, Sec. 1961. Definitions at www4.law.cornell.edu/uscode/18/1961.html and Sec. 1962. Prohibited activities at www4.law.cornell.edu/uscode/18/1962.html. See also Furrier Files RICO Suit, FCUSA press release, July 6, 1999, and Second RICO Suit Filed Against Fur Protesters, FCUSA press release, Aug. 8, 1999.

(3) See "Lawmakers target eco-terrorism: Two Oregon House members propose to punish offenders under the state's racketeering law", by Bryan Denson, The Oregonian, Feb. 16, 2000

For further information contact: Teresa Platt, Executive Director, Fur Commission USA, PMB 506, 826 Orange Avenue, Coronado, CA 92118-2698 USA, (619) 575-0139, (619) 575-5578/fax, furfarmers@aol.com, www.furcommission.com.

To take a cyber-tour of a fur farm, visit Fur Commission USA's Fur on Film at http://www.furcommission.com/video/index.htm

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