Case Law Database

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group

Degree of Involvement

• Overt act in furtherance of agreement

Perez v United States

Fact Summary

There was ample evidence showing petitioner was a "loan shark" who used the threat of violence as a method of collection. He loaned money to one Miranda, owner of a new butcher shop, making a $1,000 advance to be repaid in installments of $105 per week for 14 weeks.

After paying at this rate for six or eight weeks, petitioner increased the weekly payment to $130. In two months Miranda asked for an additional loan of $2,000 which was made, the agreement being that Miranda was to pay $205 a week. In a few weeks petitioner increased the weekly payment to $330. When Miranda objected, petitioner told him about a customer who refused to pay and ended up in a hospital. So Miranda paid.

In a few months petitioner increased his demands to $500 weekly which Miranda paid, only to be advised that at the end of the week petitioner would need $1,000. Miranda made that payment by not paying his suppliers; but, faced with a $1,000 payment the next week, he sold his butcher shop. Petitioner pursued Miranda, first making threats to Miranda's wife and then telling Miranda he could have him castrated. When Miranda did not make more payments, petitioner said he was turning over his collections to people who would not be nice but who would put him in the hospital if he did not pay.

Negotiations went on, Miranda finally saying he could only pay $25 a week. Petitioner said that was not enough, that Miranda should steal or sell drugs if necessary to get the money to pay the loan, and that if he went to jail it would be better than going to a hospital with a broken back or legs. He added, "I could have sent you to the hospital, you and your family, any moment I want with my people."

Petitioner's arrest followed. Miranda, his wife, and an employee gave the evidence against petitioner who did not testify or call any witnesses.

Commentary and Significant Features

Discussion on the connection between the "loan shark" and organized crime.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Involved Countries

United States of America

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
 
Proceeding #1:
  • Stage:
    Other
  • Official Case Reference:
    402 U.S. 146 (1971)
  • Court

    • Other

    Description

    The question in this case is whether Title II of the Consumer Credit Protection Act, 82 Stat. 159, 18 U. S. C. § 891 et seq. (1964 ed., Supp. V), as construed and applied to petitioner, is a permissible exercise by Congress of its powers under the Commerce Clause of the Constitution. Petitioner's conviction after trial by jury and his sentence were affirmed by the Court of Appeals, one judge dissenting. The court granted the petition for a writ of certiorari because of the importance of the question presented. The Supreme Court affirmed that judgment.

     

    Outcome

  • Verdict:
    Other
  • Defendants / Respondents in the first instance

    Defendant:
    Perez
    Nationality:
    American
    Legal Reasoning:

    On the debate on the connection between the "loan shark" and organized crime:

    As stated by Congressman McDade it grew out of a "profound study of organized crime, its ramifications and its implications" undertaken by some 22 Congressmen in 1966-1967. 114 Cong. Rec. 14391. The results of that study were included in a report, The Urban Poor and Organized Crime, submitted to the House on August 29, 1967, which revealed that "organized crime takes over $350 million a year from America's poor through loan-sharking alone." 

    The essence of all these reports and hearings was summarized and embodied in formal congressional findings. They supplied Congress with the knowledge that the loan shark racket provides organized crime with its second most lucrative source of revenue, exacts millions from the pockets of people, coerces its victims into the commission of crimes against property, and causes the takeover by racketeers of legitimate businesses. 

    It appears, instead, that loan sharking in its national setting is one way organized interstate crime holds its guns to the heads of the poor and the rich alike and syphons funds from numerous localities to finance its national operations.

    The Supreme Court affirmed the decision.

    Charges / Claims / Decisions

    Defendant:
    Perez
    Statute:
    82 Stat. 159, 18 U. S. C. § 891 et seq
    Charge details:

    Consumer Credit Protection Act, 82 Stat. 159, 18 U. S. C. § 891 et seq.

    Verdict:
    Other

    Court

    Supreme Court of United States

    Sources / Citations

    402 U.S. 146 (1971)

    link - https://scholar.google.com/scholar_case?case=1449745417721624761&q=organized+crime&hl=en&as_sdt=2003