Birkhead to Rita -- Say That and I'll Sue You

61. I commend Larry for sticking up for the privacy of his young daughter. Books that are fabricated about this story shouldn't be readily available on the stands. Books that contain false accusations that have not yet been proven in a court of law.

Posted at 2:04PM on Aug 31st 2007 by Kathy

62. SCARED, DANIEL WENT A FEW TIMES TO A PRIVATE INVESTIGATOR WHEN HE WOULD NOT GO TO LARRY BIRKHEAD. MEANS DANIEL KNEW THAT LARRY WASN'T HONEST AND HE DIDN'T TRUST HIM EITHER OR HE WOULD HAVE TALKED TO HIM. Larry has lied about his close relationship with Daniel, it was only a farce. DANIEL DIDN'T TRUST YOU LARRY BIRKHEAD .. OR HE WOULD HAVE CALLED YOU. HE DID NOT !!

LARRY AND HOWARD ARE BOTH PIMIPING THIS BABY.... have you noticed when Stern was in our face, Larry was not and now that Stern is hiding with Larry's permission, Larry is in our face always suing .. LARRY DOESN'T WANT THE TRUTH TO COME OUT.

Posted at 2:06PM on Aug 31st 2007 by VAL

63.


http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act#Where_RICO_laws_might_be_applied



The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended penalties for criminal acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970, Pub. L. No. 91-452, 84 Stat. 922 (15 October 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961 through 18 U.S.C. § 1968. It was intended to make it easier to prosecute organized crime figures, but has been applied in several other cases as well.

It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar, which featured a notorious gangster named Rico. The original drafter of the bill, G. Robert Blakey, refused to confirm or deny this.[1]


racketeering activity means:

* Any violation of state statutes against gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act).
* Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18).
* Embezzlement of union funds.
* Bankruptcy or securities fraud.
* Drug trafficking.
* Money laundering and related offenses.
* Bringing in, aiding or assisting aliens in entering the country (if the action was for financial gain)
* Acts of terrorism.

Under RICO, a person or group who commits any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period and, in the opinion of the United States Attorney bringing the case, has committed those crimes with similar purpose or results can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison per racketeering count. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity."

When the U.S. Attorney decides to indict someone under RICO, he has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond. This provision was placed in the law because the owners of Mafia-related shell corporations often absconded with the assets. An injunction and/or performance bond ensures that there is something to seize in the event of a guilty verdict.

In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney. Despite its harsh provisions, a RICO-related charge is considered easy to prove in court, as it focuses on patterns of behavior as opposed to criminal acts.[2]


There is also a provision for private parties to sue. A "person damaged in his business or property" can sue one or more "racketeers." The plaintiff must prove the existence of a "criminal enterprise." The defendant(s) are not the enterprise, in other words, the defendant(s) and the enterprise are not one and the same. There must be one of four specified relationships between the defendant(s) and the enterprise. This lawsuit, like most Federal civil lawsuits, can take place in either Federal or State court. [1]

Both the federal and civil components allow for the recovery of treble damages (damages in triple the amount of actual/compensatory damages).

Although its primary intent was to deal with organized crime, Blakey said that Congress never intended it to merely apply to the Mob. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas."[2]




Anti-SLAPP (strategic lawsuit against public participation) laws can be applied in an attempt to curb alleged abuses of the legal system by individuals or corporations who utilize the courts as a weapon to retaliate against whistle blowers, victims, or to silence another's speech. RICO could be alleged if it can be shown that lawyers and/or their clients conspired and collaborated to concoct fictitious legal complaints solely in retribution and retaliation for themselves having been brought before the courts.

Posted at 2:26PM on Aug 31st 2007 by RICO

64. Am I wrong or did he just admit that it's true............................."Because he will sue for confidentiality on the custody agreement being broken" What does that say, it could br or it is true...............................This is the quote(And on top of that, there will be other individuals sued over confidential information in my custody case.") What does that mean???????

Posted at 4:56PM on Aug 31st 2007 by Luke

65. If, and I mean IF Larry paid Howard Stern money to make the issue go away and start parenting the baby, good for him!

No money is worth being trapped in the media circus he was in.

No money is worth loosing precious months of your child's development in someone elses care.

I would have done the same thing.

All this means is that Larry wanted his child more than he wanted the money. That says a lot about his character.

Posted at 2:10PM on Aug 31st 2007 by Toronto Girl

66. Does it seem a little strange to you that Anna Nicole Smith died just weeks after winning her battle with the Supreme Court? At a time when she had everything going for her except for the death of her son. I know I believe foul play was involved no matter what the coroner was paid to find for the people who did this to her.

Posted at 2:11PM on Aug 31st 2007 by HappilyEverAfter

67. Pandora's Box is beginning to open. Wait long enough and the truth will come out. It's just beginning.

Posted at 1:26PM on Aug 31st 2007 by Carol


and now the REAL story can be told ... hold onto your seats

Posted at 2:11PM on Aug 31st 2007 by bada bing bada bong

68. amazing how all of these people who don't care about this case are taking the time to wrirte a comment...

Posted at 2:12PM on Aug 31st 2007 by missy

69. Why does Larry have to always include himself in all of the pictures of DL he sells? He is such a worm. He really hams it up and knowing photography as he does he really knows how to do it.

Posted at 2:13PM on Aug 31st 2007 by Misty

70. ----#60---are you serious????? Protecting the rights of his daughter???? He's the one pimping her for $$$$ If he wanted to protect the child he would have quietly slipped into a parental role and become obscure. He loves the notoriety and fame that the child gives him. He by himself would never have raised an eyebrow.

Posted at 2:14PM on Aug 31st 2007 by Pimping his daughter

71. And yet, no one seems to see the real and only victim in all this-- Dannielynn. Poor girl is only a cash cow to everyone around her. Years from now, she's going to end up with the first guy who tells her he loves her, because that's what she will be dying to hear, and he'll turn out to be another golddigger.

Posted at 9:52AM on Sep 3rd 2007 by MJCarollson

72. Well there is another blog where a woman claims she has -by accident-- already got her book

HKS and LB -- well lets just say you need to read it but partners+ is more like it-- and apparently it wasn't jus the deed Thompson was after when they offered Moe the $1/2 mil - oh HKS got the goods on FS to and ANS knew it -- course she was bi -

I always said why how and whose $ is HKS living off of and why is LB so tolerant of him having Horizons etc. -- they had a nice spllit worked out.and this now all makes sense

I gather Rita didn't have to dig to far -- but the book explains a lot -- guess Howie better go find another source of $ and LB is gonna have to get that job --- poor baby

Posted at 2:18PM on Aug 31st 2007 by What next

73. I bet Opri leaked things to Rita to get back at Larry. Opri & Rita are friends. Rita hooked Lary up with her to begin with.

Posted at 2:16PM on Aug 31st 2007 by Misty

74. Rita is a GIANT man in drag. Shame on her. As if she has some inside scoop or something. Like she had coffee with Anna and Anna told her EVERYTHING.

Another Anna book about her very sad life and those who took advantage of her stupidity. Now Rita wants in on the action. How do you sleep at night you transvestite! Making money off this patheic situation. The gall.

Posted at 2:20PM on Aug 31st 2007 by Meddusa

75. Opri said she parted ways with Larry for ethical reasons. Now OK magazine says they are parting ways for ethical reasons. I am starting to see a pattern. Humm!!

Posted at 2:18PM on Aug 31st 2007 by Elmo