ESPN: Vick indictment unlikely

DallasInDC

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ATLANTA -- For beleaguered Michael Vick, the events Friday represented more of a temporary reprieve -- with the emphasis definitely on temporary at this point -- than they did total redemption.



Although federal agents dug shallow troughs for hours Friday on the property Vick owns in Surry County, Va., combing for evidence of a dog fighting ring alleged to have operated there, the efforts weren't enough to shovel dirt on Vick's football livelihood or heap further suspicion upon his reputation. In a southeast Virginia backyard that could well have been a graveyard for Vick's career on the field and a requiem for his marketability off it, there were plenty of divots.



But none of the holes has grown into an abyss.



Which isn't to say that the quixotic quarterback is close to emerging from the deep public relations ravine that he has dug for himself this offseason.



As ESPN's Chris Mortensen and Kelly Naqi have reported, we now know there are indications Vick will not be named among the three people expected to be indicted in the federal probe. And courtesy of the sources ESPN.com has nurtured during the course of the long Vick soap opera, and who weighed in through much of the day and night Friday, it's also clear he is not out of the woods.



There were two words, ongoing investigation, employed so many times Friday by sources that they became a mantra, which should still reduce Vick to chills. If his angst is a little less pronounced now, Vick had better still keep his head on a swivel.



"Just because you've got a lot of links (lying) around doesn't mean you can call in a chain," one source said late Friday night. "But it also doesn't mean you abandon the notion of seeing if those links might someday become a chain."



Translation: The events of Friday aside, Vick remains on the radar screen of the Feds. Federal investigators tend to be incredibly thorough and dogged in their pursuit of the truth. And while the trail might be cold for now, if a scent of Michael Vick remains in the air, well, a final resolution of this case as it involves him is very much up in the air as well.



It should be noted that the source of the quote was one of the people who in late May told ESPN.com they felt there was sufficient evidence to bring a bill of indictment against Vick, but who questioned whether the quarterback could be successfully prosecuted.



Noted the same source earlier Friday afternoon: "Remember, this is an investigation into what has been considered an enterprise involving many people ... From our standpoint, it never has focused on one individual and it still doesn't."



From the standpoint of the public, however, Vick is this story.



Beyond the well-intentioned folks at PETA or the American Humane Society, how many people would have lent even a nanosecond's attention to the investigation in Surry County were a headliner's name not attached to it?



During the past three months of suspicion, rumor, innuendo and even the occasional snippet of fact, this city and its football franchise have wearily suffered through a phenomenon that has come to be called Vick Fatigue. But it is has done so with unwaveringly insufferable curiosity. Atlanta is known as "The City Too Busy to Hate." Yet the attention of the community, even those who don't hold Falcons season tickets, hasn't been so diverted in the past three months that it couldn't keep at least one eye trained in the direction of No. 7.



Arguably the most polarizing sports personality in the city's history,Vick has been an even more divisive presence this offseason, the rift often along racial lines. There are myriad fractionalized camps here. The "see-I-told-you-so legion" of critics who already have deemed Vick culpable in the court of public opinion. The cautious "let's-wait-until-all-the-facts-are-in" supporters. And the conspiracy theorists who believe there is a Mark Fuhrman element at work, even if the evidence they suggest might have been planted on his property hasn't yet born enough fruit to indict him.



The events Friday, in which it is believed that more dog carcasses were unearthed, neither merged nor eliminated any of those factions. Nor does the fact Vick will not be indicted, according to Chris Mortensen's sources, mean the Falcons' star is beyond suspicion. There are a lot of reasons that federal authorities boast a conviction rate of between 95-96 percent. The most significant one, though, is that the Feds rarely indict unless they know that there is sufficient evidence to convict.



For now, at least, they apparently haven't been able to turn the evidentiary links into a chain. And maybe they never will. Still, in late May, a confidential informant described Vick, in an compelling interview with Naqi, as "a heavyweight" in dog fighting circles. And it takes a haymaker, not a split decision, to bring down most heavyweights.



Whether such a knockout punch exists, whether law enforcement authorities can develop an uppercut as the investigation presses forward, remains to be seen.



Even after federal authorities took over the dog fighting investigation, there was always a question of how the tawdriness might affect Vick's status for the 2007 season. And there was a sense that, because of the timing involved, and the potential dilatory maneuvers that any savvy attorney would make to forestall court action, he probably could not be sanctioned during the upcoming season. That sense was enhanced Friday night.



And unless there is an unknown demerit on his NFL resume, Vick might well be beyond the reach of even the league's new and harsher personal conduct policy. The policy enacted by commissioner Roger Goodell is aimed at addressing repeat offenders, recidivists for whom the privilege of playing in the league isn't enough to preclude them from locating trouble, and Vick, despite some offensive behavior and undeniably bad judgments, doesn't have a known first offense.



So for now, Vick remains the presumptive Atlanta starter, as he has for the entire offseason. Minus, perhaps, some of the intense glare from the searing spotlight that always seems to accompany him.



As federal agents Friday paraded through the yard of Vick's property, Falcons owner Arthur Blank and general manager Rich McKay were on an African safari, and first-year head coach Bobby Petrino was in Montana for his parents' anniversary. Even from those far-flung venues, one could almost discern a collective sigh of relief.



But for an athlete whose calling card is derring-do play, being able to breathe a little easier should not be taken for granted.



Because even Friday's respite, as welcomed as it must have been for Vick and the Falcons' organization, isn't an excuse yet to exhale.


Len Pasquarelli is a senior writer for ESPN.com.

http://sports.espn.go.com/nfl/columns/story?columnist=pasquarelli_len&id=2928795
 

fortdick

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DallasInDC;1548521 said:
ATLANTA


Noted the same source earlier Friday afternoon: "Remember, this is an investigation into what has been considered an enterprise involving many people ... From our standpoint, it never has focused on one individual and it still doesn't."

The use of the word "enterprise" is critical. That word is straight out of the RICO Act.

http://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act
RICO offenses and definitions

Racketeering activity means:
  • Any act or threat involving gambling, murder, kidnapping, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year;
  • Any act which is indictable under a wide variety of specific provisions of title 18 of the United States Code relating to bribery, counterfeiting, theft, embezzlement, fraud, obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, etc.
  • Any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 (c) (relating to embezzlement from union funds),
  • Any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States,
  • Any act which is indictable under the Currency and Foreign Transactions Reporting Act,
  • Any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain, or
  • Any act that is indictable under any provision listed in section 2332b (g)(5)(B);
Pattern of racketeering activity requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity; The Supreme Court has instructed federal courts to follow the continuity plus relationship test in order to determine whether the facts of a specific case give rise to an established pattern. Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events." H.J. Inc. v. Northwestern Bell Telephone Co. Continuity is both a closed and open ended concept, referring to either a closed period of conduct, or to past conduct that by its nature projects into the future with a threat of repetition.

http://www.gambling-law-us.com/Federal-Laws/rico.htm

Regardless of whether the action is criminal or civil, a violation of RICO "requires proof of (1) the existence of an enterprise, (2) either a pattern of racketeering activity or the collection of an unlawful debt, and (3) that the enterprise be engaged in or affect interstate commerce." [150] Section 1961 defines several key terms, such as "racketeering activity," "enterprise," "pattern of racketeering activity" a nd "unlawful debt" as follows:
"Racketeering activity" generally means (1) any act or threat involving, among other things, gambling, which is a felony under state law, or (2) an act which is indictable under certain provisions of Title 18, such as the Wire Act, the Travel Act, the Interstate Transportation of Wagering Paraphernalia Act, and the Illegal Gambling Business Act. [151]·
"Enterprise" is defined to include "any individual, partnership, corporation, association, or other legal entity, and union or group of individuals associated in fact although not a legal entity." [152]·
"Pattern of racketeering activity" "requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity." [153]·
"Unlawful debt" generally means a debt that is incurred or contracted in a gambling activity or business in violation of federal, state or local law or is unenforceable, in whole or part, due to usury laws. [154] Congress clearly intended that evidence proving the collection of an unlawful debt would substitute for a showing that two or more predicate offenses were engaged in forming a pattern of racketeering activity. [155]
 

jay cee

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Big Dakota;1549088 said:
Gosh, this just isn't going away, is it. :shush:

SHhhh, don't disturb their fantasies. It's all they have to hold on to right now.
 

silverbear

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deadrody;1548204 said:
For doing.... WHAT, exactly ? Owning a property that someone else used to commit a crime.

The people that CONTINUE to be obsessed with this guy really need to get some form of life. The federal government opened it's own independent investigation in this case for the SOLE purpose of going after Vick and they found nothing.

The most pathetic part of this is considering the level of sophistication involved here. Dog fighting. These are common thugs, as you guys all seem giddy to point out. And yet they were able to cover their tracks so well that they cannot find a single shred of evidence to tie Mike Vick to dog fighting. Are you KIDDING me ?

Time to move on guys.

Care to amend that position now that he's been indicted??

Guess you feel pretty foolish right now, believing Mortenson's BS...
 

silverbear

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Vintage;1548226 said:
They will have to move on.

Looks like we won't have to "move on" for a while, at least...

But the Vick defenders might have to find a place to hide from the ridicule headed their way...
 

Big Dakota

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deadrody;1548204 said:
For doing.... WHAT, exactly ? Owning a property that someone else used to commit a crime.

The people that CONTINUE to be obsessed with this guy really need to get some form of life. The federal government opened it's own independent investigation in this case for the SOLE purpose of going after Vick and they found nothing.

The most pathetic part of this is considering the level of sophistication involved here. Dog fighting. These are common thugs, as you guys all seem giddy to point out. And yet they were able to cover their tracks so well that they cannot find a single shred of evidence to tie Mike Vick to dog fighting. Are you KIDDING me ?

Time to move on guys.

Yes, let's move on to a trial and a conviction then a cozy federal jail cell. :lmao2:
 

CowboyMike

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This is ridiculous.

ESPN clearly has bias against the Cowboys.

But an idiot thug Michael Vick is their "media darling" and Mort here tried to bring him into a good light. Good thing the indictment made that crash and burn.
 

Vintage

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silverbear;1554007 said:
Looks like we won't have to "move on" for a while, at least...

But the Vick defenders might have to find a place to hide from the ridicule headed their way...

Hide? Nah. I'm more likely to hide from what this season's results could be for this team.

And we weren't Vick defenders either.

I was on record saying I didn't think he'd be indicted. He got indicted. I was wrong. If he's guilty, I hope he gets convicted. If he's innocent, I hope nothing comes of this. I've already explained that to you many a time silverbear. We've discusses this in numerous threads. I would have thought you'd remember. That, or you are just overly excited I was wrong and can't wait to flame me. Either way, it doesn't really bother me.
 

Doomsday101

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Vick is in a heap of trouble and the fallout may be even worse. Regardless of how some may feel about dog fighting there is no debate that this country is full of pet lovers and the public sentiments against Vick will be strong. Win or lose in this trail this is going to cost Vick big time. My personal feelings if found guilty they need to nail his hide to the wall.
 

joseephuss

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DanTanna;1554250 said:
I hope this doesn't screw up our Cleveland pick! :(

It could help. Atlanta may be in need of a QB. If they end up with a higher draft slot, then they may use it on a QB. If not, they may want to move up to get one and be willing to trade. Options are good and Dallas should have a bunch come next draft.
 

silverbear

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Vintage;1554093 said:
Hide? Nah. I'm more likely to hide from what this season's results could be for this team.

And we weren't Vick defenders either.

I didn't really have you in mind when I wrote that...
 
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