For the RICO case it must be shown:
(1) that an enterprise existed (It can be what’s called an association in fact, just a group of people, at least two, not necessarily a formal entitiy such as a company or the union.)
(2) that the enterprise affected commerce
(3) that the defendant was associated with or employed by the enterprise
(4) that the defendant engaged in a pattern of racketeering activity or conspired to do so
and (5) that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity(or conspiring to do so) (e.g., murder, kidnapping, extortion, obstruction of justice etc).
Do you think that Batman, due to his “organisation,” and actions in comics would fit?
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That’s a good question, actually. The main issue would be whether Batman’s organization counts as an enterprise.
While there doesn’t have to a formal entity, the precedent is that there does have to be structure beyond normal social relationships- most relevantly here, a Hell’s Angels gang got off a RICO charge because, while they were certainly committing crimes together, the court was unable to prove there was an actual arrangement within the gang to commit those crimes. For RICO to apply, there needs to be some level of organization. We’re not just committing crimes together, that would be conspiracy or abetting, we’ve set up some organized system where we commit crimes together.
So is the Batfamily an organised system for crime committing?
I could see a legal case either way. On the one hand, they have a de facto leader and they’re certainly organised above a normal family. On the other hand, there’s no real internal rules – like the Hell’s Angels, they’re just committing crimes together without an arrangement. A good lawyer could argue either.
But I think the precedent leans towards “no” – they’re not an enterprise, they’re just a conspiracy – and Bruce Wayne can hire very good lawyers. I think it’s probably more likely to stick if you appeal to the less debatable claims like “beat a bunch of people up” rather than this.
The Batman in the dark knight teilogy 100% can be charged. It’s just that they won’t be able to due to his influence, wealth and also his myriad of spy networks.
It wouldn’t be hard to prove for the Batman Incorporated entity except I don’t know the legal definition of racketeering.
Also, is it just me or this RICO shit worded very broadly? I reckon you could nab the Chip & Dale Rescue Rangers with that.
He could be charged with child endangerment
There has to be financial gain in the organization for racketeering charges to apply. Batman isn’t benefitting Wayne Enterprises by beating up street thugs.
I don’t think you can actually associate racketeering with Batman’s Gotham activities.
You could maybe say Bruce Wayne is liable for RICO as far as him being the head of Batman Inc goes, if you can prove Batman Inc is going around the world destroying mercenary groups or PMCs and then grabbing their contracts, including the US contracts. But then you’d also have to prove a lot about how they work, which would be next to impossible.
Racketeering isn’t just actively stealing money through business, it’s also the collection of illegal acts that will eventually lead to an increased money flow, which Batman and Batman Inc do not possess as far as we know. All of their finances are through WayneCo or through Wayne’s off-shore funds that aren’t acquired illegally.
Considering Batman isn’t driving any legal business away from the US specifically, and there is no single jury who would ever convict Batman for saving Gotham, you’re probably looking at either a not guilty or a mistrial.
You could probably get the Birds of Prey more easily, though. Oracle does steal a lot of her money from mob bosses and criminals and then threatens them out of the game.
Sure, but why would he? He’s committed multiple acts of assault (including police officers), trespassing, interfering with police investigations and a host of other offenses as part of his illegal vigilante activities. The DA would have a slam dunk case, adding a RICO charge would simply confuse a jury.
Honestly, Batman would never see the inside of a courtroom. One person on the jury with a family member saved by Batman and he risks being acquitted. The DA would most likely plead.