Mike Vick's Lawyers 'Didn't See It Coming'

HAHAHAHA The lawyers didn't see it coming.Bull Sit!!.They knew they could soak Vick out of some cash makeing him think he had a chance of beating the charge.

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DON'T let him return to Falcon Team this year.
The QB's we have now are just fine.
Oh, come on attorney's, you are suppose to know
what goes on in your camp.

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Yep the Lawyers will clean out his billfold for sure.

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"ESPN also reported that if Vick doesn't plead guilty this week, he's likely to face additional charges." ----> It seems that Vick was caught off guard this time.

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Didn't see it coming? And they get paid for that? I am out here in middle America AND I COULD HAVE SEEN THIS COMING!
After the first co-defendant went belly up I am surprised it took this long........ what a flaming fiasco. If this doesn't convince Goodell and Blank to make some DECISIVE decisions - particularly in light of the fact Vick may be "pleading it down" - then we are all going to have a laugh on the NFL (and their CODE of Ethics - must just be "a guideline"), the NFL investigator, the lawyers and Vick's expen$e.
I am howling all the way home! WOOF!

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when he is winning games everyone loves him now everyone is againist him whats up with that when your friends go out to kill a deer you win a trophy kill a dog you are a killer what is really going on if it happend it happend lets move on oh yeah i thought no one wanted this killer dog anyway

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i was wondering where are all these atlanta fans are support your quarterbacks this man got you to the championship game you wore his jersey and his shoes now your hating all you guys suck half of you hate dogs you have signs on your grass saying keep dogs off now you love pit bulls come on

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Here's a few questions. Please, just take the time to read the LAW, I feel it is very imprtant.

1) Was the procedural due process followed, as cited in;

9-110.200 RICO Guidelines Preface

"...it is the policy of the Criminal Division that RICO be selectively and uniformly used. It is the purpose of these guidelines to make it clear that not every proposed RICO charge that meets the technical requirements of a RICO violation will be approved."

"Further, the Criminal Division will not approve "imaginative" prosecutions under RICO which are far afield from the congressional purpose of the RICO statute."

"Only in exceptional circumstances will approval be granted when RICO is sought merely to serve some evidentiary purpose."

1) QUESTIONS-

a) I believe these standards provided will help to establish and - "make it clear that not every proposed RICO charge that meets the technical requirements of a RICO violation will be approved."

b) Could this be seen as "imaginative" prosecutions under RICO which are far afield from the congressional purpose of the RICO statute."?

c) Could it be, in this case "RICO is sought merely to serve some evidentiary purpose."?


9-110.210 Authorization of RICO Prosecution -- The Review Process

The review and approval function for all RICO matters has been centralized within the Organized Crime and Racketeering Section of the Criminal Division. To commence the review process, the final draft of the proposed indictment or information and a RICO prosecution memorandum shall be forwarded to the Organized Crime and Racketeering Section.

...Attorneys are encouraged to seek guidance from the Organized Crime and Racketeering Section by telephone prior to the time an investigation is undertaken and well before a final indictment and prosecution memorandum are submitted for review. Guidance on preparing the RICO prosecution memorandum is in the Criminal Resource Manual at 2071 et seq.

RICO reviews are handled on a first-in-first-out basis...15 working days is usually sufficient...Therefore, submitting attorneys are cautioned to budget their time and to await receipt of approval before scheduling the presentation of the indictment to a grand jury.

...Once the modifications have been made and the indictment has been returned, a copy of the indictment filed with the clerk of the court shall be forwarded to Organized Crime and Racketeering Section. If, however, it is determined that the RICO count is inappropriate, the submitting attorney will be advised of the Section's disapproval of the proposed indictment. The submitting attorney may wish to redraft the indictment based upon the Section's review and submit a revised indictment and/or prosecution memorandum at a later date.

2. QUESTIONS-

a) Was the "Organized Crime and Racketeering Section of the Criminal Division" Informed?

b) Did The "Organized Crime and Racketeering Section of the Criminal Division" approve of the indictment prior to the grand jury?

c) Was "guidance from the Organized Crime and Racketeering Section by telephone" in accordance with Criminal Resource Manual at 2071

d) was "a copy of the indictment filed with the clerk of the court shall be forwarded to Organized Crime and Racketeering Section"


9-110.300 RICO Guidelines Policy

It is the purpose of these guidelines to centralize the RICO review and policy implementation functions in the section of the Criminal Division having supervisory responsibility for this statute.
9-110.320 Approval of Organized Crime and Racketeering Section Necessary

A RICO prosecution memorandum and draft indictment, felony information, civil complaint, or civil investigative demand SHALL be forwarded to the Organized Crime and Racketeering Section, Criminal Division, 1001 G Street, N.W., Suite 300, Washington, D.C. 20038, at least 15 working days prior to the anticipated date of the proposed filing or the seeking of an indictment from the grand jury.

NO criminal or civil PROSECUTION or civil investigative demand SHALL be commenced or issued under the RICO statute WITHOUT THE PRIOR APPROVAL of the Organized Crime and Racketeering Section, Criminal Division. Prior authorization from the Criminal Division to conduct a grand jury investigation based upon possible violations of 18 U.S.C. § 1962 is not required.

... The fact that an investigation was authorized, or that substantial resources were committed to it, will NOT influence the Department in determining whether an indictment under the RICO statute is appropriate.

Use of RICO in a prosecution, like every other federal criminal statute, is also governed by the Principles of Federal Prosecution. See USAM 9-27.000, et seq. - INCLUSION of a RICO count in an indictment solely or even primarily to create a BARGAINING TOOL for later PLEA negotiations on lessor counts is NOT appropriate and would VIOLATE the Principles of Federal Prosecution.

3. QUESTIONS --

a) was a "RICO prosecution memorandum and draft indictment...demand", as required by (section 9-110.320), in which it staes that one "SHALL be forwarded to the Organized Crime and Racketeering Section, Criminal Division, 1001 G Street, N.W., Suite 300, Washington, D.C. 20038"?

b), if so, was it done "at least 15 working days prior to the anticipated date of the proposed filing or the seeking of an indictment from the grand jury."?

c) was section 9-110.320 followed as written, in which it states;
"NO criminal or civil PROSECUTION or civil investigative demand SHALL be commenced or issued under the RICO statute WITHOUT THE PRIOR APPROVAL of the Organized Crime and Racketeering Section,"?

d) was the investigation authorized? "The fact that an investigation was authorized" and even if an investigation WAS authorized section 9-110.320 states that approval of an investigation, "will NOT influence the Department in determining whether an indictment under the RICO statute is appropriate."

e)could the Racketeering charge have been misused to Obtain a plea bargain/testimony in violation of section 9-110.320 and USAM 9-27.000, which states, INCLUSION of a RICO count in an indictment solely or even primarily to create a BARGAINING TOOL for later PLEA negotiations on lessor counts is NOT appropriate and would VIOLATE the Principles of Federal Prosecution.


9-110.400 RICO Prosecution (Pros) Memorandum Format

Once a RICO indictment has been approved by the Organized Crime and Racketeering Section and has been returned by the grand jury, a copy of a file-stamped copy of the indictment shall be provided to the Section. The Section shall also be notified in writing of any significant rulings which affect the RICO statute--for example, any ruling which results in a dismissal of a RICO count, or any ruling affecting or severing any aspect of the forfeiture provisions under RICO. In addition, copies of RICO motions, jury instructions and briefs filed by the United States Attorney's Office (USAO), as well as the defense, should be forwarded to the Organized Crime and Racketeering Section for retention in a central reference file

4. QUESTIONS -

a) Was a file-stamp copy provided, and if so, is it on record? as required by section 9-110.400
Once a RICO indictment has been approved by the Organized Crime and Racketeering Section and has been returned by the grand jury, a copy of a file-stamped copy of the indictment shall be provided to the Section.


OTHER SECTIONS

Scope of Federal Jurisdiction: Congress did not intend to occupy the field of illegal gambling exclusively nor to relieve local law enforcement bodies of their obligations to enforce local gambling provisions. The syndicated gambling laws are directed only at those individuals who operate gambling businesses of MAJOR PROPORTIONS: selection of targets for investigation and prosecution should be made on that basis. See United States v. Hawes, 529 F.2d 472 (5th Cir. 1976); United States v. Riehl, 460 F.2d 454, 458 (3d Cir.1972).

5. QUESTIONS

a) If any of the former procedures mandated by law, were followed, then was this small individual betting operation seen as one of MAJOR PROPORTIONS, as noted above?;
"The syndicated gambling laws are directed only at those individuals who operate gambling businesses of MAJOR PROPORTIONS:"


Criminal Resource Manual 2085
2085 Syndicated Gambling

Syndicated Gambling: Sections 801-811 of the Organized Crime Control Act of 1970, which amended Title 18, United States Code, by adding Sections 1511 and 1955, are designed to combat "illegal gambling business" or syndicated gambling. Title 18, U.S.C. § 1511 is directed at the political and police corruption which makes widespread illegal gambling possible, while Title 18, U.S.C. § 1955 is directed at the illegal gambling itself.
Basis for Federal Jurisdiction: Congress enacted this legislation pursuant to its power to regulate interstate commerce. In so doing, Congress made the finding that illegal gambling does involve widespread use of and does have an effect upon interstate commerce. Hence, the Federal Government has jurisdiction to initiate investigations and prosecutions of persons conducting LARGE scale illegal gambling businesses without showing that the proscribed activity has affected interstate commerce. Perez v. United States, 402 U.S. 146 (1971); United States v. Sacco, 491 F.2d 995 (9th Cir. 1974); United States v. Harris, 460 F.2d 1041, 1048 (5th Cir.), cert. denied, 409 U.S. 877 (1972); Schneider v. United States, 459 F.2d 540 (8th Cir.), cert. denied, 409 U.S. 877 (1972

6. QUESTIONS

a) if this investigation was approved, and the indictment also approved, was this small individual betting determined to be a LARGE SCALE illegal gambling business?;
"Hence, the Federal Government has jurisdiction to initiate investigations and prosecutions of persons conducting LARGE scale illegal gambling businesses"


Scope of Federal Jurisdiction: Congress did not intend to occupy the field of illegal gambling exclusively nor to relieve local law enforcement bodies of their obligations to enforce local gambling provisions. The syndicated gambling laws are directed only at those individuals who operate gambling businesses of MAJOR PROPORTIONS: selection of targets for investigation and prosecution should be made on that basis. See United States v. Hawes, 529 F.2d 472 (5th Cir. 1976); United States v. Riehl, 460 F.2d 454, 458 (3d Cir.1972).

7. QUESTIONS

a) was this small individual betting, determined to be a gambling business of MAJOR PROPORTIONS?;
"The syndicated gambling laws are directed only at those individuals who operate gambling businesses of MAJOR PROPORTIONS:"


TITLE 18 Section 1961
(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical ... SECTION 1952 (relating to racketeering), ...(It should be noted that the definition in section 1959, unlike the RICO definition, includes a requirement of an effect on interstate commerce as part of the definition, and does NOT include an "individual" within the definition.) No prosecution under section 1959 will be approved unless the enterprise has an identifiable structure and purpose apart from the racketeering activity and crimes of violence it is engaged in, and otherwise meets the standards for a RICO prosecution

CONCLUSION--
1) Was the proper procedural due process followed?
2) Were the proper government institutions informed?
3) Was authorization provided by the proper institutions?
4) Were some of these laws included to obtain plea agreements/testimony?
5) Was this small individual betting determined to be MAJOR, or LARGE Gambling business, in accordance with Title 18 section 1955?
6) Was the Organized Crime and Racketeering Section of the Criminal Division ever procedurally informed?
7) Did The Organized Crime and Racketeering Section of the Criminal Division ever approve of anything in accordance with the laws, to approve of any part of this investigation, and/or prosecution/indictment?

Let me end with, my major concern is, were some of the charges used, especially the racketeering charge, in order to obtain plea bargains and/or testimony?

9-110.300 RICO Guidelines Policy
"INCLUSION of a RICO count in an indictment solely or even primarily to create a BARGAINING TOOL for later PLEA negotiations on lessor counts is NOT appropriate and would VIOLATE the Principles of Federal Prosecution."

Then were any of the government guidelines followed, to INSURE, that these charges would NOT be used for that purpose?
Their are laws on the books to protect the people, and I believe when those laws are avoided, then procedural due process has been violated. When procedural due process is violated, then everyone suffers, in a sense.

Then the farmers don't seem to need to follow the proper procedure set out by government, or just a wink of an eye could suffice.

Then automotive standards don't need to be met, again, with just a wink of an eye.

Military standards are not protected, with just a wink of an eye.

In a blinking of an eye, the whole Country could suffer.

Can we, as a people, afford to allow this to happen? or is a real need to have the proper, the legal, the procedural due process enforced?

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Of course they are going to roll on Vick. He didnt get to them fast enough to pay them off. Besides it is allways the person that has money or famous. What would they do with the poor guys from the hood who will eventually end up in prison any way. I have been to dog fights and they are very fun and amusing.They are not people. Dumb dogs.

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Of course, Vick's attorneys knew! Yes, they took advantage of the few months of publicity and who knows how much of Vick's money. There is no possible way that attorneys on that level could NOt have known. But all of that is neither here nor there...Vick knows what the deal is-He just had to save face. Now that there is no face left to save, he is doing what is best for him...

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O'Brien - I do hope that you live in one of the states that mandates that dogfighting spectators are charged as felons. Furthermore, I hope you will be caught at a dog fight and prosecuted.

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This whole case exposes America as a country blindly led by prejudice -- people being taught what to

think and what to believe. Thinking is probably not the right word to use because we rarely see

people do too much anymore. Instead, all we get are emotionally based reactions totally divorced

from reality.

[B]If Mike Vick is the kingpin of dog fighting, the leader one of the most vicious rings in America,

will the goverment please show us a shred of evidence that they had before April 24, 2007.[/B]\

[QUOTE]April 24: Michael Vick's cousin, Davon Boddie, is arrested in Hampton, Va., on drug charges.

According to court papers, he gives his address as 1915 Moonlight Rd. in rural Surry, Va., and

police obtain a warrant to search his home for other drugs and paraphernalia.[/QUOTE]

Hmmm.... so basically the law authorities "stumbled" upon dogfighting.

But where's the logic in that if you consider how federal and state authorities typically build

cases on "kingpins". Whether its the mafia, gambling, drugs, etc., those cases take years to

develop. The law authorities keep files, tapes, and establish all kinds of evidence.

However, we are led to believe that Mike Vick -- a guy sho is supposedly "HUGE" in dogfighting flew

under the radar for 6 years? Virginia authorities had no clue? Federal authorities had no clue?

And then they turn around in 3 months with a dogfighting manifesto filled will detailed and graphic

information about how Mike mistreated dogs? Page after page of allegations but 3 months prior they

had nothing?

And this case is getting more laughable by the day with all of these co-defendants copping pleases.

Basically the whole case is based on heresay -- 3 or 4 snitches that the goverment got to roll on

Mike Vick.

Wake up, people!

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what. Are you people serious. Are there not more important things going on in the world, how quickly america forgets about a war thats going on, or even how a president didnt get elected by the popular vote, but if a black man does something that someone else can condem wrong, what an uproar. If the choice was give to any man who reads this, if he would rather fight 10 men or get nudored. There would be a lot of fighting going on. But most america have a dog that is nudored. In the same respect, whats worse fight or losing your man hood. And what does either have to do with football.

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He will go to trial and he will probely get off. If the glove dont fit you must acquit. He didnt do anything wrong any way. Sh#tcorn I would change your name if I were you. Mommy and daddy not like you or something? Furthermore I hope you live in a State that mandates things that you would like to do to a dog from the sounds of it and I hope you get caught doing it you sick freak.

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HOW ABOUT THIS CLASS FOR PRESIDENTIAL RUNNING MATES ??

MIKE VICK, MIKE TYSON, OJ SIMPSON, RAY CARUTH, LAWRENCE TAYLOR, BENNY BLADES, RAY LEWIS, JAMAL LEWIS, PAC MAN JONES AND HI SNAME ESCAPES ME, THE BASKETBALL PLAYER THAT SHOT HIS LIMO DRIVER. A BUNCH OF HIGH PRICED ATHLETES THAT CAN'T TELL YOU WHICH LETTER COMES FIRST IN THE ALPHABET, THE "M" OR THE "N"

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damn. Tony Baja wrote a book.

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What about benoit he kills his entire family and it seems that vick is a worse person.

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I have pity for all of you who are so engrossed in this phony world of pro sports; namely, basketball, wrestling, football, and baseball. Tell me if there are others. You may not be able to feed your family properly but you can find the money to put your rear ends in a stadium, screeming/yelling for some ass you don't even know, and who probably can't spell yours. It's all about money, guys & dolls -- yours! You're spending it, with gambling too, and they're taking it. Can you afford diamond earrings, tailor made suits, expensive cars, Rolex watches, gold chains, and Lord only knows what else? Do you slap your wife/girl friend around, molest and rape women? And how about all that alcohol slop you buy. Would some of this wasted money help to add to your childrens' better education -- dumb question, huh?
Many of your so called IDOLS have been allowed to graduate from school because they've got hard heads. Who was the fellow with the Redskins years ago, couldn't stay away from drugs, and I believe couldn't write ? Wow what an idol!!!
Open your eyes, God gave you brains -- start using them. If you have to watch these farces, stay home, put your money to a sane useage. So long to Vick and many others.

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Tony, We do not care about the law. The law is for the judge and jury. The law is for going to jail or not. What we care about are:
1. Why are all Mike Vicks friends convicted drug dealers?
2. Why did he still befriend them after the Falcons ask him not to?
3. Why does someone that makes all that money need to see dogs ripping themselves apart to be happy or cool.
4. Why did the Falcons not fire him for shooting paying customers the bird?
5. If the water bottle was just for his jewels then what was he talking about when he said he was sorry and that he was wrong?
6. Why did he wait until the police lab came back with their finding that there was not anything in the bottle so they could not test it, before he said it was just for carring jewels.
7. Why do some people think it is not a big deal for -1. Two of your friend to get arrested and convicted of transporting drugs in a truck owned by Vick 2. For two of Vicks friend to get arrested for stealing a Rolex while Vick knowingly or unknowingly was distracting the owners 3. For a house owned by Vick to be used for drug trafficing. 4. For a house owned by Vick to be used for dog fighting.
When is enough enough. Do you think this is really about race. If so then you are a racist for thinking people have had enough just because Mike Vick is black. You are doing everyone white and black a disservice by printing these laws, like laws have something to do with this. Morals. It you know the law you know that no where in the laws does it say we have to be fans of Mkie Vick no matter what. You know there are no laws that say the NFL must employ anyone that has not been convicted of a crime. Get a life and a role model that is worthy of being a role model.

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You want a shred of evidence they had of dogfighting before this? Google "Thomas Weigner"

Vick's name has been floating around in the public record as being involved with dogfighting for over a year.

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