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RICO lawsuit filed against ACORN

In Ohio, a state Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit was against the Association of Community Organizations for Reform Now (ACORN).

The lawsuit alleges ACORN has engaged in a pattern of corrupt activity that amounts to organized crime.

It seeks ACORN’s dissolution as a legal entity, the revocation of any licenses in Ohio, and an injunction against fraudulent voter registration and other illegal activities.

According to the press release, Plaintiffs Jennifer Miller of Mason, Ohio and Kimberly Grant of Loveland, allege that ACORN’s actions deprive them of the right to participate in an honest and effective elections process:

They allege fraudulent voter registrations submitted by ACORN dilute the votes of legally registered voters.

"The right to cast a vote that is not diluted by fraudulent votes is a fundamental individual right," Buckeye Institute President David Hansen said.

"ACORN appears to be recklessly disregarding Ohio laws and adding thousands of fraudulent voters to the state’s roles in the process," Maurice Thompson, Director of the Buckeye Institute’s 1851 Center for Constitutional Law said. "Such voter fraud erodes the value of legally cast votes," he added.

In the complaint, Thompson cites an accumulation of evidence showing numerous instances of admitted fraud by ACORN employees, as well as individuals solicited by ACORN.

"In light of its hiring, training and compensation practices, ACORN should have known its conduct would cause fraud," Thompson said. "It also should know that its conduct will cause fraud in the future."

In addition, the complaint cites conduct by ACORN in Colorado, Indiana, Louisiana, Michigan, Missouri, Nevada, New Mexico, North Carolina, Pennsylvania, Texas, Virginia, Washington and Wisconsin.

TBlumer reports Obama’s name comes up at least three times in the complaint:

  • (Page 3) 18. Defendant is engaged in massive voter registration drives and political canvassing throughout the state of Ohio and the United States of America; some of this work is performed on behalf of current United States of America presidential candidate Barack Obama.
  • (Page 3) 19. ACORN’s political wing has endorsed Barack Obama for president, and during the primary season, the Obama camp paid Citizen Service Inc., $832,598 for various political services according to Federal Elections Commission filings. Citizen Services, Inc. and ACORN share the same board of directors.
  • (Page 9) 69. In Texas, where ACORN’s affiliate, Citizens Services Inc., has provided contract work on behalf of Senator Barack Obama’s presidential campaign, the Houston Chronicle reported on August 17, 2008 that “About 40 percent of the 27,000 registration cards gathered by ACORN from January through July have been rejected or placed in limbo pending the gathering of more information, according to the county” while “about 6,600 were filled out by people already registered, and many others contained insufficient information.”

A full copy of the complaint is available here.

It’s about time someone did something to bring ACORN’s "community organizers" to justice in Ohio. Now we need action in the other 15 or so other states where ACORN is trying to steal the election.

COMMENTS

  • Swamp_Yankee

    A good couple of weeks sullying Obama’s pristine reputation coupled with the yeoman’s work pushing the ACORN story over the MSM castle walls may be coming together in a fatal low for Obama.

    -Good Debate
    -Palin Firing Up Base
    -Markets Up, Gas Down
    -New McCain and New Economic Message
    -OBAMA = ACORN = CORRUPTION

    A possible recipe for victory

  • Jaded

    nt

    • awtherfrd

      There are no actual charges right? Where are the legal scholars out there?

      • securitymom

        Since this appears to be a state lawsuit I’m assuming that other states can not add on? It would have to be refiled at the Federal level???

        • E_Pluribus_Unum

          So no, by itself it neither involves nor causes a investigation by the FBI or others that would result in convictions, etc.

          • Strelnikov

            Unfortunately the plaintiffs are not county or state prosecutors: that apparently is too much to hope for yet.

            But I remain optimistic!

          • Jaded

            nt

  • securitymom

    cough I thought that was called voter fraud?

    http://www.nypost.com/seven/10142008/news/politics/bogusvoterbootedamidprobeofacorn_133540.htm

    BOGUS VOTER BOOTED AMID PROBE OF ACORN
    4,000 OF LEFT-WING GROUP’S SIGN-UPS ARE SHADY

    Investigators probing ACORN have learned that an Ohio man registered to vote several times and cast a bogus ballot with a fake address, officials said yesterday, as they revealed that nearly 4,000 registration applications supplied by the left-leaning activist group were suspect.

    The vote of Darnell Nash, one of four people subpoenaed in a Cuyahoga County probe of ACORN’s voter-registration activities, was canceled and his case was turned over to local prosecutors and law enforcement, Board of Elections officials said yesterday.

    Nash had registered to vote repeatedly from an address that belonged to a legitimately registered voter, officials said during a hearing at which the subpoenaed voters were to testify.

    Board officials had contacted Nash this summer, questioned his address and told him to stop repeat registering.

    But still, he breezed into Ohio election offices – the state allows early voting for president – reregistered with a fake address and cast a paper ballot, officials said.

    “He came in on 9/30 and Mr. Nash again registered to vote at [someone else's] address, and he cast a ballot,” said board official Jane Platten.

    Nash did not turn up for the hearing.

    The Post reported last week on the Cleveland-area probe and the subpoenas, which were sent out to four people – including two voters who said they were hounded by ACORN workers to register over and over, even when they warned they’d already done so.

    It’s the latest issue in the probe of ACORN’s registering voters in Ohio, one of at least nine states where officials are investigating similar reports of phony sign-ups by the group.

    At the same time, officials said, some 5 percent, or 3,650, of the 73,000 total registration cards turned in by ACORN in the Cleveland area from its Project Vote initiative to sign up low-income voters were “questionable,” Platten said.

    There were “egregious acts of registering multiple times,” said Platten. “The extent of it is beyond the resources of this board.”

    Nash’s case and three others were turned over to authorities yesterday, said Ryan Miday, a spokesman for prosecutor Bill Masson.

    “We will consider presenting it to a grand jury,” Miday said.

    A member of the board said if necessary, the FBI or federal prosecutors could be brought in for assistance.

    Still, members of the bipartisan board downplayed any voter fraud.

    And Platten insisted officials with ACORN have offered “any and all” help in probing the questionable activities. Katy Gall, the Ohio state director for ACORN, said her group is cooperating fully with the investigation.

    She added that her group has fired anyone who was found soliciting duplicate registrations.

    ACORN, whose political arm has endorsed Democratic nominee Barack Obama, has signed up more than 1.3 million voters for this cycle.

    ACORN adviser Scott Levenson said, “If one of the 13,000 [people] we hired is potentially a bad apple in the bunch, we encourage the authorities to prosecute, as appropriate, anyone that did the wrong thing. We discipline [and] we fire workers who [abuse their position] . . . We encourage prosecutors to follow suit.”

    He also denied suggestions that the group pays canvassers by the number of names they sign up, and that they have quotas.

    Also yesterday:

    • Two of the four subpoenaed voters, Freddie Johnson and Christopher Barkley, met privately with sheriff’s deputies and described what they’d told The Post about being hounded by ACORN workers. Barkley testified at the hearing that some of the registration cards listing his name weren’t filled out by him.

    • In an e-mail to supporters, John McCain’s running mate, Sarah Palin, slammed “the left-wing activist group ACORN” and suggested, “We can’t allow leftist groups like ACORN to steal this election.”

  • BillRoy

    This action stands about as much chance of success as I have of winning a State lottery, and I don’t do any of them.

    This farce of an action is going to backfire, and the recipient of the blame from the public will be John McCain. Against evidence now being put out by the traditional media (CNN) showing Sarah Palin’s direct links with the AIP (Alaskan Independance Party) this civil legal action is nothing. Also the breaking news that William Timmons (McCains head of transition team) was a lobbyist for Saddam Hussein in 1992 (after the First Gulf War) and is a lobbyist for Freddie Mac is like a neutron bomb about to explode at the McCain Headquarters, there may be a physical HQ left but no life in it!

    The question many Republicans should be asking is ‘who has sabotaged the McCain campaign so effectively the election?’

    • aaronbg

      n/t

      • rstreu

        liberals talk but all I hear is “blah blah blah…”

        • mbecker908

  • gensec

    The news should be about a RICO criminal indictment of ACORN, but with Bush’s Justice Department we have to settle for a private civil suit to inflict at least a little inconvenience on those racketeers.

    • IndependentfrMI

      Before anyone brands me a hatemonger….I do hate fruitcake.

      Why do they hate conservatives so much? Oh did I say the “H” word? That’s right it’s OK for the Obama supporters to spew hate, sexist and racism but not anyone else.
      I wonder if that is the government behavior expectations Obama speaks of?

  • Catsy

    If ACORN has committed any actionable wrongs, burn them for it. If their employees defrauded them by submitting bogus registrations, burn them too. Nobody of any political stripe should have any tolerance for voter registration fraud.

    The question of whether or not any organized fraudulent voting occurred will likely be raised and answered during this process. This is important, because registration fraud is a different animal from voting fraud–it’s the difference between forging a driver’s license, and driving with that forged license. I’ve seen the two conflated a lot in discussion of this issue, and it’s critical that we keep these separated.

    I’m skeptical that there will be any political fallout from this for either candidate. No matter how much anyone beats the guilt-by-association drum, the fact is that if ACORN committed fraud, they defrauded both the states and their customers–the Obama campaign being a “customer” here. If their paid ground employees committed widespread registration fraud, then they also defrauded their employer–ACORN.

    It’s all well and good to draw this line or that line connecting various things, but short of a smoking gun like an internal Obama campaign email saying “muahahaha! now carry out our secret plan for world domination by submitting fake voter registrations”, it becomes yet anoter GBA he-said-she-said story, and in the face of a 700+ point drop in the DJIA today alone, McCain will look petty and desperate if he tries to use this line of attack tonight.

  • IndependentfrMI

    Brunner Secretary of State from Ohio should be added to the list of Co-conspirators in the RICO suit.

  • scottbomb

    Just yesterday, I heard the FBI is investigating ACORN (FINALLY!). Today, I see this report of an ACORN office in Boston being “burglarized”, resulting in 3 missing laptops.

    Gee, I wonder who the main suspects must be. It couldn’t be ACORN employees… nah… ‘course not…

    • Lammo

      Criminal, only brought by the government and civil, brought by any injured plaintiff (private citizens or the government). If I recall correctly the strategic reason for filing a civil RICO is triple damages. The current case appears to be a private civil rico case and does not really bear on whether the government (state or federal) could file either civil or criminal at a later date.

      • Lammo

        They’re stealing from us, they’re certainly not above “stealing” from themselves.

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