In yesterday’s RICO hearing, a Utah Judge handed Utah’s most corrupt attorney, Kelly Peterson and his apparent co-conspirator, Attorney Mark Stubbs, a stunning defeat. Both had argued for dismissal of all RICO claims against Peterson and Stubb’s client, Alyssa Alanis, along with payment of their attorney fees.
The judge, apparently recognizing the merit of the claims, simply allowed the defendants to resubmit their complaint in the proper legal format.
Stubbs, after failing to have his way in Court, verbally assaulted the victim and stormed from the Courtroom.
While the hearing seemed to center on the Federal RICO Act and its grounds for redress, the claims made by the victims fall under the Utah Pattern of Unlawful Activities Act, which is far less restrictive. While the Federal Law seems to focus on specific criminal enterprises, the Utah Act focuses more on criminal intent.
76-10-1601. This act is the “Pattern of Unlawful Activity Act.”
(1) “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities.
(2) “Pattern of unlawful activity” means engaging in conduct which constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics.
Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either to each other OR to the enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this part shall have occurred within five years of the commission of the next preceding act allegedas part of the pattern.
(3) “Person” includes any individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities.
(4) “Unlawful activity” means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct which would constitute any offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act which would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by any authority or is classified as a misdemeanor or a felony:
We can only hope that the Judge will remember the difference between Federal RICO and the Utah Patterns of Unlawful Activity Act, or it will appear as if the Courts themselves are part of this criminal conspiracy, and attempting to deny the rights of innocent individuals that seek redress against a criminal conspiracy.