Minnesota prosecutors are using a 1946 racketeering law to crack down on career criminals. The Hobbs Act brings heavy sentences to repeat offenders: 20 years in federal prison for each violation.
The Hobbs Act targets robberies that affect interstate or foreign commerce. This has a wide margin for interpretation, where seemingly any robbery of a business could be seen as interfering with commerce. U.S. Attorney B. Todd Jones addresses this, but says to the Star Tribune that “We are not creatively using it. We are aggressively using it.”
The anti-racketeering act laid down the law for the first Minnesota offender in 2007. Gang leader Carlos McAdory was convicted under the Hobbs Act for his involvement in a string of bar robberies dating from 2002. A jury found him guilty of 3 violations under the Hobbs Act on 9 counts of robbery:
- Aiding and abetting and committing robbery affecting interstate commerce
- Using and aiding and abetting the use of a firearm in a crime of violence
- Being a felon in possession of a firearm
…and subsequently sentenced McAdory in federal court to 20 life sentences.
According to MN criminal defense attorney Avery Appelman, the deterrent is definitely strong. “No one wants to go through the federal courts and prison systems. However, this seems like a message from the federal system that the state isn’t doing their job effectively to keep repeat offenders off the streets. Because of this, prosecutors are interpreting this law aggressively. Yes, it’s effective, but is this really how we want to employ our federal judiciary?”
Related Sources:
Startribune.com
Justice.gov
Extortion.uslegal.com
