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Could Vanessa Marianna be Convicted for RICO with Kingpin?

By
Josh Gilliland
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In Marvel’s Daredevil on Netflix, Vanessa Marianna goes from art dealer to dinner date to girlfriend to fiancé of Wilson Fisk. Vanessa learned of Fisk’s criminal activities from domestic terrorism to killing his father. Could Vanessa also be convicted for Wilson Fisk’s many crimes?

As a preliminary matter, Wilson Fisk could be tried in Federal Court for Racketeering. The Racketeer Influenced and Corrupt Organizations Act (RICO) states, in relevant part:

(a) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code [18 USCS § 2], to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.

18 USCS § 1962.

Racketeering Activity is a long list of criminal activities, including any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical or any act relating to bribery, mail fraud, and many other crimes. 18 USCS § 1961.

Vanessa was never directly involved in planning drug deals, murders, and illegally evicting tenants from their homes. The closest Vanessa ever comes to outright engaging in an agreeing to a crime was when she was hospitalized. Fisk told her, “I will make them suffer for what they have done,” to which she replied, “I expect nothing less.” This is not exactly a conspiracy and there are no further actions by her.

Did Vanessa Aid and Abet the Kingpin?

Vanessa provides a large amount of emotional support to Wilson Fisk. Could this be considered aiding and abetting Fisk in his crimes?

New York law on aiding and abetting states:

When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, importunes, or intentionally aids such person to engage in such conduct.

NY CLS Penal § 20.00

Would Vanessa providing “emotional support” be considered “intentionally aids such person to engage in such conduct”? Vanessa did stand by Fisk for his big press conference, attended public parties, and knew Fisk engaged in criminal activities. However, she was never actually present at any criminal action. Moreover, she likely had plausible deniability of planning any event, but did have knowledge, such as the bombing of the Russian mobsters.

Case law states that “Silent approbation or pleasure in an assault and battery inflicted by another does not make a person, who has not encouraged or aided the perpetrator, liable in damages therefor.” Duke v. Feldman (1967) 245 Md. 454, 457-458.

In the Duke case, a husband assaulted a victim while the wife was unaware in the family car. The wife drove the husband away after the assault. There was no evidence that the wife in any way aided or abetted in the crime. As the Court explained, there was no evidence that she “assisted, supported, or supplemented her husband’s action or that she instigated, advised, or encouraged the commission of the tort. There was nothing in the evidence which would enable the jury to do more than speculate that her driving her husband away was part of a design to perpetrate the assault.” Duke, at *458.

Vanessa admitted being with Fisk would be “complicated.” The same could be said for prosecuting her. There is a very strong argument that she knew her support of Fisk was intentionally aiding him. However, there is a very strong argument she lacked the required intent for the crimes being committed. Moreover, she appeared to be outside of the planning for criminal activities. This would make prosecuting her a challenge, but probably would not stop charges from being filed. Federal prosecutors would likely charge Vanessa in order to get her cooperation in prosecuting Wilson Fisk.

Mike Towry: From Jack Kirby to San Diego Comic Con

By
Josh Gilliland
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Mike Towry helped found San Diego Comic Con in 1969. His story of how he and a group of friends met Jack Kirby, Ray Bradbury, and started what would become one of the largest geek conventions in the world is heroic. The fact he was just 14 years old, and an early comic book collector, only makes his story more impressive.

First_Kirby_Trip_2
This photo was taken during the first visit to see Jack Kirby on November 9, 1969 at the Kirby-family home in Irvine, California. From left to right: Richard Alf, Wayne Kincaid, Jack “King” Kirby, Mike Towry (in back), Dan Stewart, Bob Sourk, Barry Alfonso (in front), and Sylvia Alfonso (Barry’s mom). Richard, Dan, Bob, Barry, and Mike Towry were the ones who co-founded Comic-Con with Shel Dorf. Mike was 14 in this photo, Barry was 12, and Richard was 17.

Mike shard his adventures from placing ads in Marvel comics, the advent of comic book bags, and how Jack Kirby would turn the intrepid founders into comic book characters will make any geek smile.

san-diego-five-string-mob
From Jimmy Olsen #144, which was written and drawn by Jack Kirby as part of his Kirby’s Fourth World series for DC. This introduces the San Diego Five String Mob, which were based on five San Diego Comic fans who worked on Comic-Con. Clockwise from the bottom: Mike Towry (the blond-haired drummer), Roger Freedman, Will Lund, Scott Shaw, and John Pound.

Mike also co-founded San Diego Comic Fest. The next Comic Fest will be February 12-16, 2016. Mike is lining up great guests, including Bryan and Mary Talbot, Mike Royer, and other fantastic speakers. We plan to be there with a very new presentation. Stay tune.

Vampire Servant Liability

By
Josh Gilliland
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Vampires stories often have human servants to do the vampire’s bidding. In What We Do in the Shadows, the vampire Deacon employs his human servant Jackie to iron shirts, schedule night dental appointments, and lure co-eds to be a meal for Deacon and his flat mates. What is Jackie’s liability for Deacon’s feeding off humans?

If this were a normal employment case, the concept of “Respondeat Superior” would hold an employer responsible for the actions of the employee. The term means “let the superior answer.” Black’s Law Dictionary App, 9th Edition.

In California, “a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.” Cal Civ Code § 2338.

This is not a normal employment case between a master and agent. First off, leading people to a final meal of canned spaghetti before being murdered is a crime. Secondly, holding the servant responsible for the master’s actions flips the doctrine of Respondeat Superior.

The vintage language of “master and servant” might define Deacon and Jackie’s relationship, but today it would be called a criminal conspiracy. A conspiracy is when two or more people conspire to commit a crime. Cal Pen Code § 182(a)(1). Planning to drain two human beings of blood would be murder (the unlawful killing of a human being with malice aforethought). Cal Pen Code § 187.

Jackie only led victims to Deacon’s flat and did not actually participate in killing anyone. However, Jackie could be charged for murder, despite NOT personally killing someone. When there is a conspiracy to commit murder, the punishment is the same as committing first-degree murder. See, Cal Pen Code § 182. Moreover, Jackie took multiple overt acts in furtherance of the conspiracy, from finding people to take the vampires’ home, entering the home with the victims, and leaving the property before the victims were killed. All of these actions are overt acts that would subject her to prosecution for murder.

Some vampire servants might argue the insanity defense, claiming that the vampire had the servant under hypnosis to do the vampire’s bidding. This would fail in Jackie’s case, as the housewife acted as a servant in exchange for being turned into a vampire herself at a future date.

As I have made clear in the past, I despise sparkling teenage vampire stories. What We Do in the Shadows is a fun horror-comedy. Check it out.

Thank You for Supporting Us

By
Josh Gilliland
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The Geekie Awards is October 15, 2015. Thank you everyone who has voted for us.

The Psychology of Guardians of the Galaxy

By
Josh Gilliland
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Janina_ScarletDr. Janina Scarlet, author of Superhero-Therapy, sat down to discuss the psychology of the heroes and villains from Guardians of the Galaxy. Dr. Scarlet discussed the impact of Quill, Gamora, and Nebula with each losing their parents, to Groot being the model of compassion.

Dr. Scarlet also described her work with active duty military service members and veterans with treatment for Post Traumatic Stress Disorder and using comic book characters in their treatment.

We also discussed how much we enjoy Anthony Mackie’s Falcon and thoughts on Captain America Civil War. Dr. Scarlet also shared how the Winter Soldier could be treated for his own psychology injuries.

National Bow Tie Day

By
Josh Gilliland
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Who are your favorite bow tie wearing individuals from history or popular culture? Here is my list, but more importantly, I want to hear from YOU on who you think rocks the bow tie.

The Rule Against Perpetuities is a Real Killjoy

By
Josh Gilliland
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0

The SyFy show Killjoys had an legally complex property issue in the final episodes of the season: seventh generation descendants who lived on the very environmentally damaged moon Westerley would be deeded property, and thus could immigrate to the much nicer moon Leith, thanks to a deal by their ancestors.

Property rights on Earth do not take seven generations to vest. Every first year law student knows such a real property transfer would violate the Rule Against Perpetuities (RAP). The traditional definition of RAP states that, “No interest is good unless it must vest, if at all, not later than twenty-one years after the death of some life in being at the creation of the interest.” Black’s Law Dictionary App, 9th Edition.

California defines the Rule Against Perpetuities as follows:

A nonvested property interest is invalid unless one of the following conditions is satisfied:

(a)  When the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive.

(b)  The interest either vests or terminates within 90 years after its creation.

Cal Prob Code § 21205.

The goal of Rule Against Perpetuities is simple: eliminate contingent interests in real property that could vest too remotely. Courts frown upon people willing property to a generation that would not exist for over a century. There is risk the rights would never vest, such as a genetic weapon going off killing everyone in a bloodline to prevent inheritance of the subject property.

Property rights vesting after seven generations would violate the Rule Against Perpetuities. A generation typical is viewed as 20 years. Human beings in good health can live well into their 90s. Granted, people on Westerley probably have shorter life spans, given acid rain that kills, the lack of proper medical care, and a highly dangerous community (i.e., you can get shot).

If we assume each generation on Westerley were having children every 25 years (time for a child to grow up, find a career, spouse, and have a child themselves), then approximately 150 to 175 years had passed since the first generation entered into the property agreement. Assuming the first generation lived to age 75 given the dangerous environment, 21 years after their death would not have seen a 7th generation come into existence. As such, the property rights would vest anywhere from 75 to 100 years after the death of the first generation. This would violate rights having to vest 21 years after the death of the original life in being.

It is apparent lawyers did not make the deep space trip to The Quad. There is no civil government, but The Company, comprised of nine “ruling” corporate owner families. This would be a horrible place to live. Killjoys is an unintended reminder that humanity is best served by governments colonizing planets, opposed to corporations that have very little interest in civil rights, constitutions, or property law.

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