Giuliani has long claimed that he dreamed up the idea of using the federal RICO law to target mafia families when he was a federal prosecutor.
Before RICO was on the books, it was considered unfair and prejudicial for a prosecutor to say a defendant was a member of the mafia or some other criminal organization when they were prosecuting them for a singular crime, McDonald said.
For years after the national statute's inception, the Justice Department was very cautious in authorizing the use of the statute because it was such an incredibly powerful weapon for prosecutors, McDonald said. By 1977, when McDonald started working at the DOJ, RICO was being proposed as a useful tool for prosecutions against Mafia figures, he said.
Many of the RICO cases brought in the Southern District of New York were started by Giuliani's predecessor in that office, John S. Martin Jr., said Walter Mack, the assistant U.S. attorney for the Southern District of New York from 1974 to 1990. Mack was also the chief of the office's Strike Force Against Organized Crime from 1981-1984.calling Giuliani out for his claim to have turned around the Manhattan United States attorney's office after he left.
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