Texas Civil Racketeering Law Needed
By Dr. Tony Magana
Texas needs the new civil racketeering law proposed by the legislature but the infighting over who gets the proceeds needs to stop.
Drug cartels, street gangs, auto theft rings, and traffickers of women for the illegal sex industry are among a few of the potential targets of a new law making way in the Texas Legislature. The Texas Racketeering and Corruption Act would give the state Attorney General a new legal power to seize the profits, proceeds, and property of a criminal organization that were obtained by illegal activity. The legislation was introduced earlier this year into the state House of Representatives by Rep. Aaron Peña (D-Edinburg) and by Sen. Tommy Williams ( R-Woodlands) in the state Senate.
According to Texas Lawyer the idea for the legislation arose after a state study by the Office of the Attorney General looking at human trafficking in Texas found that cases were not being prosecuted. The law as written had a requirement to show that a defendant transported individuals in a manner that put them at risk of injury or death . Other provisions required that a show of force, fraud or coercion was necessary in the case of minors which were difficult obstacles to conviction.
A recommendation was made to create a state civil racketeering statue to seek civil remedy on behalf of victims by the state in addition to changing criminal statues. The new law would allow recovery of damages, issuance of injunctions, and seizure of assets from criminal organizations. Since civil cases have a lower standard of proof, preponderance of evidence, than a criminal case, beyond a reasonable doubt, Attorney General Greg Abbott argued this would give them a better chance to shutdown criminal enterprises by taking their funds.
The Attorney General recommended that a similar law in Arizona act as a model for the new Texas law. Arizona has a civil racketeering statute, Arizona Revised Statutes §13-2314, which allows the state’s attorney general or a county attorney to file an action on behalf of an individual who suffers bodily, business or property damage as a result of racketeering. The statute allows for the recovery of triple damages, court costs and attorneys’ fees, and it allows for forfeiture of property for a racketeering violation.
In February the idea gained traction when the Attorney General was joined in support by State Senators Williams and Senator Leticia Van de Putte (D-San Antonio) as well Rep. Peña when they formally announced the legislation and declared its potential uses in not only human trafficking, but also weapons smuggling, money laundering, anti-gang enforcement, and other criminal activities. Rep. Peña said this to Texas Insider
“Texas faces serious acts of organized crime and counts on its law enforcement and prosecutors to keep our communities safe. Now we have the opportunity to help further disable these criminal enterprises. In South Texas alone we have witnessed first hand drug, firearms, and human trafficking. This legislation will give the Attorney General a new tool to punish those that engage in the most serious organized crime by hitting them where it hurts, their assets.”
Rep. Peña’s bill, HB 1618 is pending action in a subcommittee of the Criminal Jurisprudence committee of the state House of Representatives. The Senate version of Sen. Williams which is now identical to the House bill has been reportedly favorably as substituted after being passed by State Affairs committee and was placed on the intent calendar.
The law is set up as a government enforcement action not as a private law suit system. The Houston Chronicle is reporting that a disagreement has broken out between the Attorney General’s office and local district attorneys including Pat Lycos for Harris County over who would receive seized assets. During committee testimony in the state Senate official committee reports show that representatives of the district attorneys for El Paso, Bell County, Bexar County, Eagle Pass, Beeville, Huntsville, Lubbock, Baird and Fort Stockton as well AFL-CIO, Harris County, and Houston Police Department showed up to testify against the measure. Prosecutors from Houston, San Antonio, and El Paso say that the Senate version which will send 80% of funds to a state victim’s compensation fund and give 20% to local law enforcement is unfair.
Rob Kepple, executive director of the Texas District & County Attorneys Association, which is working to kill the bill said this
“This is cast as a crime-fighting bill, but the folks who do the crime fighting in Texas aren’t in the bill,”
Sen. Williams says the program could generate revenues in the tens of millions of dollars once established.
District attorneys are not the only ones questioning the bill. The ACLU and AFL-CIO believe that the law gives too much power to the government to prosecute potential political rivals like labor unions or other politically active organizations. Some have been concerned that a rush to get a criminal organizations money may hamper the ability to later on obtain criminal convictions. The proponents counter that the law requires that criminal activity must cross a county line and requires the Attorney General to postpone civil action which could jeopardize a criminal case.
There is no doubt that taking the money from criminal organizations that deal in illegally selling the bodies of young women, illicit drugs, stolen guns, or stolen cars could be a great addition to the tools that law enforcement and prosecutors could use in Texas. The scramble to get the money by various district attorneys is unseemly and seems to be sending the message that getting the money for one’s local institution is more important than fighting crime. Failure to pass this law because of a “turf war” will not reflect well on the State of Texas. If this law is set up as a bounty system for law enforcement there is a real danger that the focus of law enforcement and prosecution could change from what is the greatest threat to society to what will be bring in the most money.
Thanks for reading Contempo Magazine blog which discusses issues for McAllen, the Rio Grande Valley, and America from a conservative Hispanic point of view. Tony Magaña grew up in McAllen Texas, attended Texas A&M University, served as an officer in Army Reserve, and holds a doctorate from Harvard University. The co-founder of Contempo Magazine has participated in Valley business for over 20 years. He is a member of the National Association of Hispanic Journalists and also writes for the American Daily Review. Follow him on twitter http://twitter.com/contempomagazin
