https://www.churchmilitant.com/news/article/u.s.-bishops-slapped-with-two-rico-lawsuits
US BISHOPS, VATICAN SLAPPED WITH SIMULTANEOUS LAWSUITS
Church leaders accused of conspiracy, deception, concealment
WASHINGTON (ChurchMilitant.com) - On Tuesday, as the U.S. bishops were still absorbing the news that the Vatican had blocked action on clerical sex abuse, they were slapped with two simultaneous lawsuits, with one naming the Holy See as a defendant.
Both lawsuits seek to force open diocesan secret archives by court order, compelling the U.S. Church to reveal the identities and histories of its predators.
One suit, launched by six clerical sex abuse victims, was filed in federal district court in Minnesota. It alleges that the United States Conference of Catholic Bishops (USCCB) concealed "the known histories and identities from the public, parishioners and law enforcement of clergy accused of sexually abusing children across the country."
Speaking Tuesday, Jeff Anderson, attorney for the six plaintiffs, warned the Church "maintains" a threat to public safety.
The same day, a class-action suit was filed in the U.S. District Court for the District of Columbia against both the USCCB and the Vatican itself — an unprecedented legal move.
It accuses the Church of conspiracy and running a criminal enterprise under federal racketeering statutes.
According to the 80-page class-action suit:
This case is about the endemic, systemic, rampant, and pervasive rape and sexual abuse of Plaintiffs and Class Members perpetrated by Roman Catholic Church cardinals, bishops, monsignors, priests, sisters, lay leaders, members of Catholic religious orders, educators, and other of Defendants' personnel, members, agents, and representatives (collectively, "Clergy" or "Catholic Clergy") while serving in active ministry — with the knowledge of Defendants.
It accuses Church leaders of promoting a public hazard by covering up the crimes of predator priests:
Rather than safeguarding and protecting Plaintiffs and Class Members — who were minor children at the time — Defendants protected the abusive Clergy, took extraordinary measures to conceal their wrongful conduct, moved them from parish to parish, without warning church members or the general public, thereby further facilitating their predatory practices, failed and refused to report the abusive Clergy to law enforcement or other responsible authorities as required by law, and — incredibly — even promoted the abusive Clergy. Defendants' wrongful acts are ongoing and continuous.
The class-action suit accuses the Church of violating the federal Racketeering Influenced and Corrupt Organizations (RICO) Act, which was originally devised to target organized crime syndicates. It seeks to triple financial damages for "unlawful and intentional schemes, actions, inaction, omissions, cover-up, deception, and concealment, obstructive behavior regarding investigations, and conspiracy of silence," which "constitute assault, breach of fiduciary duty, negligence/gross negligence, negligence per se, intentional infliction of emotional distress, wrongful death, public nuisance, conspiracy, and aiding and abetting."
The class-action suit is historic, in that it attempts to hold the Vatican liable in the United States for the actions of its clergy — a first. Up to now, the Vatican has avoided liability by claiming it has no direct authority over clergy.
But this assertion was shattered on Monday when the Holy See blocked the USCCB vote in Baltimore.
"If that's not command responsibility, I don't know what is," said attorney Mitchell A. Toups, who is helping lead the class-action suit.
https://www.washingtontimes.com/news/2018/nov/13/vatican-catholic-bishops-hit-lawsuit-sexual-abuse-/
Sexual abuse victims file class action lawsuit against Vatican, Catholic bishops
Six men filed a class action and racketeering lawsuit Tuesday against the Vatican and America’s Catholic bishops, arguing they were aware of but ignored evidence of rape and sexual abuse within the clergy.
The plaintiffs all say they were abused when they were children attending churches from Mississippi to Iowa, and California to Pennsylvania.
“Rather than safeguarding and protecting plaintiffs and class members — who were minor children at the time — defendants protected the abusive clergy, took extraordinary measures to conceal their wrongful conduct, moved them from parish to parish, without warning church members or the general public, thereby further facilitating their predatory practices,” the men say in their lawsuit.
The complaint was filed just as the U.S. Conference of Catholic Bishops has been meeting this week for its annual fall meeting, and had been scheduled to debate a couple of proposals to combat abuse within the church’s ranks.
Pizzagate Related because this post deals with the sexual abuse of Children by priests and the Vatican covering it up.
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Factfinder2 ago
This is wonderful news!
Here is the D.C. Suit: PDF https://bloximages.chicago2.vip.townnews.com/tribdem.com/content/tncms/assets/v3/editorial/5/47/547fa2d4-e7b5-11e8-8acc-aba3ca0fa959/5beb8928f2054.pdf.pdf
And here is what can legally constitute a RICO violation (racketeering activity): https://www.gpo.gov/fdsys/pkg/USCODE-2010-title18/html/USCODE-2010-title18-partI-chap96-sec1961.htm
In addition to the counts already filed, I believe a case could be made for a RICO violation of 18 USC 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity) based on the following premises:
1) Perpetrators of child sexual abuse were moved to other locations and their crimes kept quiet in part and primarily to protect the church's reputation for monetary reasons.
2) Disclosure of these crimes would have been considered likely to result in financial harm to the church by various means, including, and of particular interest here, by a decrease in donations and other income to the church.
3) Thus a primary motive for relocating the perpetrators and remaining silent about their crimes was monetary, including to protect the church's income stream.
4) All donations and other income received after the planning and execution of such a criminal cover-up operation should thus be considered "property derived from specified unlawful activity" per 18 USC 1957.
Of note: 1957(c) "In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity."
This I realize could be a difficult float in uncharted waters, but I believe it can succeed with creative argument. I hope the Feds will also pursue this line of reasoning in a criminal case.
carmencita ago
Unchartered waters is right. I don't think this is a first. I may be mistaken, but did they not do this to the LDS? Did you notice my comment regarding DC AG Karl Racine? Put in office by Obama and B Clinton. This is my worry. I am hoping that finally something will befall those high level Lavender Mafia perverts.
Factfinder2 ago
Karl Racine is no doubt bad news but wouldn't affect this civil suit. He could make it hard for the Feds if they want to investigate DC crimes, but I don't think an overarching Federal RICO case against the church would be hindered by a local AG. We'll see.
If you mean this LDS RICO case, it seems to have been against individuals, not the church, and not using the 18 USC section 1957 charge that I'm suggesting.
carmencita ago
I am resting a little easier, thank you. I still don't trust them but we should all be watching this case closely. We have all waited so long for a day like this. A good day for All Victims.
Angelis_Solaris ago
By the way, I was born into the Church of Jesus Christ of Latter-day Saints, that's the mainstream one. I'm still technically a member, but I don't go to church or anything. I haven't seen evidence of a church conspiracy or anything like that, but regardless, I love listening to Walter Veith's lectures. Some of his lectures contain misunderstandings about the LDS church's beliefs, although they raise an important point about freemasonry and temple rituals. The temple rituals were initially based on freemasonry rituals which is really concerning. Despite that, the Book of Mormon is the "anti-masonic Bible," I've read it and it is very much an accurate description. It is pro-Jesus Christ and anti-secret societies. So I'm not sure about it all. I'm still learning