Is this a “wheel or a chain conspiracy” as defined in the ebook and explain specifically why or why not

Learning Goal: I’m working on a law discussion question and need a sample draft to help me learn.Answer initial question 250 words. Respond to 4 classmates 250 words each.INITIAL QUESTION: ConspiracyPlease read the background information below then respond to the questions presented below on the law of conspiracy.John Angelo Gotti III is a New York City mobster who during the 1990s led the Gambino crime family of Cosa Nostra for his imprisoned father John J. Gotti. He is also known as the son of the Teflon Don. John Gotti Jr. arrested on murder conspiracy charge. Barcelo for NewsJohn “Junior” Gotti escorted Tuesday morning outside of the Melville, NY, FBI building. John A. (Junior) Gotti was ratted out by a boyhood buddy who gave the feds enough evidence to charge the mob heir Tuesday with three murders – and possibly put him away for life, sources told the Daily News. John Alite, who got his start in crime robbing drug dealers with the Dapper Don’s son, was not named as a defendant in the indictment charging Junior with racketeering, murder and cocaine trafficking. Alite, 45, however, was identified by the feds as “a powerful associate of the Gambino crime family” who directed their “criminal enterprise” in Tampa. A career criminal from Ozone Park, Queens, who fled the country in 2004 after he was hit with federal racketeering charges, Alite vowed in an interview two years ago he’d never rat on Gotti. But he also said he feared going to prison. “Either way, I’m a dead man,” Alite told the St. Petersburg Times as he sat in a stinking Brazilian jail and fought extradition to Florida for two years. Since then, Alite, who was extradited in December 2006 and could face a murder rap, appears to have decided that crossing Gotti is less dangerous than going to jail, the sources said. Gotti, 44, was arrested by the FBI at his Long Island home at 6 a.m. Tuesday. Though the murders happened in New York, the charges grew out of a decade-long investigation of the Gambino family’s operations in Tampa. Displaying none of his late father’s sartorial splendor, Junior wore a navy-blue polo shirt and matching sweatpants at his arraignment. “Yes, Your Honor,” he politely answered the judge. Manhattan federal prosecutor Elie Honig said at a hearing that the indictment against Gotti “captures a lifetime of criminality,” tracing his rise from a street-level enforcer in the 1980s to a cocaine king with a “stable” of dealers in Queens. Honig said Gotti became a “made man” after ordering the December 1988 murder of George Grosso in Queens and “oversaw” the murder of Gambino family soldier Louis DiBono, who was rubbed out on Oct. 4, 1990, in a parking garage of the World Trade Center. John Gotti, the Gambino family boss who died behind bars in 2002, was caught on tape by the feds approving the demise of DiBono because “he refused to come in when I called.” Junior was also charged in the Nov. 20, 1991, slaying of Bruce Gotterup in Rockaway Beach, Queens. “Mr. Gotti absolutely denies any involvement with any of the three murders,” Gotti attorney Charles Carnesi said. “There is no evidence. … This is a case based on a drug dealer who wants to avoid going to jail.” Carnesi said the feds were trying to pin the murders on Gotti because they tried and failed three times to convict him of plotting to kidnap Guardian Angels founder Curtis Sliwa. He said Gotti was a family man who has stayed out of trouble since his 1999 conviction on racketeering charges. The judge was not swayed by Carnesi’s words. He ordered Gotti held without bail and extradited to Tampa for trial. Carnesi said the feds have not set a date to send Gotti to Florida and that he’s going to try to have him “plead not guilty by video … so he can stay up here, at least.” Gotti’s mother, Victoria, told The News she was “just wiped out.” His sister Victoria questioned why Gambino turncoats Salvatore (Sammy Bull) Gravano and Michael (Mikey Scars) DiLeonardo didn’t tell the feds “anything about those crimes.” “The feds first tried to make John, my brother, a rat – yet he stood trial three times,” she told The News. “And now yet again!” The Gambinos aren’t the powerful crime family they used to be. The feds gutted the leadership in February when they arrested more than 60 mobsters in New York City and Sicily on charges that include murder, extortion and racketeering. Four other alleged New York wiseguys who had been in cahoots with the Gambinos were named in a related racketeering indictment. Also named was another childhood friend of Junior’s, 33-year-old James Cadicamo of Tampa, who is accused of conspiring to kill a Gambino thug who turned government witness. Another of the accused, 47-year-old John Burke of Queens, had been charged as the triggerman in the Gotterup case but was later acquitted. He was doing time for another crime in an upstate prison when he was hit Tuesday with the new racketeering charges. Guy Peden, 47, of Wantagh, L.I., was charged Tuesday with helping Burke kill Gotterup. Burke and David D’Arpino, 33, of Howard Beach, Queens, were also charged with murdering John Gebert in Queens on July 12, 1996. Gotti has not been connected to that crime. The other man indicted on racketeering charges Tuesday was Michael Finnerty, 43, of Oceanside, L.I. Like the others, he faces life in prison if convicted. Gotti was also charged with conspiring to distribute 5 kilos of cocaine, according to the indictment. He remains a suspect in the 1983 stabbing murder of Danny Silva during a brawl at the Silver Fox Bar in Ozone Park, but prosecutors decided the evidence was too weak despite the emergence of a new witness last year, sources said. Source: John Marzulli, John Gotti Jr. arrested on murder conspiracy charge.QUESTION: Should Gotti Jr. been changed with criminal conspiracy? Discuss the law of criminal conspiracy. Analyze the facts above to determine if the elements of conspiracy as presented in Chapter 8.2 of the ebook describes. Discuss whether the criminal intent and the criminal act of conspiracy are met. Is this a “wheel or a chain conspiracy” as defined in the ebook and explain specifically why or why not. Have fun with this one! CLASSMATE 1 NATALIE: When it comes to conspiracy, it is, “an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement’s goal” (Cornell Law School). However, when it comes to actually punishing those that are involved it is based on the, “increased likelihood of success when defendants work together to plot and carry out a criminal offense” (Chapter 8). In the case of Gotti Jr., I do believe that the charge of criminal conspiracy does apply. It was evident that in the 1990’s that Got Jr. did in fact lead the Gambino crime family while his father was in prison. Part of the Gambino crime family was John Alite. Since Alite was associated with the Gambino crime family, he was the lead for the family enterprise that took place in Tampa, Florida. Evidently, Alite is a close associate to the family, in addition to being a close friend to Gotti Jr. “Got Jr. once stood up as best man for John Alite” (Gendar & McShane, 2018). Despite the ongoing relationship between one another, Alite, “testified Gotti collaborated with him on three killings and told him about four others” (Gendar & McShane, 2018). Regardless of Alite’s testimony, this connection alone displays a level of conspiracy due to the two individuals having a history of committing illegal acts to advance the “criminal enterprise” as a whole. In terms of the criminal act of conspiracy, the “element required… is an agreement to commit any criminal offense” (Chapter 8). With regard to criminal intent, the element required is to, “purposely agree with another to commit the crime at issue” (Chapter 8). In addition, “the prosecution must prove that the conspirator intended to agree and also intended to commit the underlying offense” (Chapter 8). With both of the criteria previously stated, there is not evidence in terms of Gotti Jr. actually stating he was going to commit or orchestrate the criminal acts. However, with the Tampa scenario it can be gathered that Gotti Jr. was in charge of the overall enterprise, Alite was one of the individuals to fulfill the agreements. Thus, displaying both criminal act and criminal intent. With this being said, this also demonstrates a wheel conspiracy due to Gotti Jr. being seen as the ringleader for the operation, and had coconspirators to fulfill the duties, such as Alite. ReferencesCornell Law School. (n.d.). Conspiracy. Legal Information Institute. Retrieved February 3, 2022, from Gendar, A., & McShane, L. (2018, April 9). Junior gotti’s ex-best friend John Alite says Gotti helped in three slays, spoke of four others. Retrieved February 3, 2022, from CLASSMATE 2 LATASHA: Criminal conspiracy punishes those that agree to commit criminal offenses. The law is designed to deter organized crime and punish those guilty of participating in any way. Notable, there need not be a result of the planned crime for liability to stick.I think that most would agree that Gotti Jr. should have been charged with criminal conspiracy. After analyzing the facts given in his case, I have determined that criminal intent and the criminal act of conspiracy have been met in the case against Gotti. Likewise, Gotti has checked the box for wheel conspiracy as well.According to Criminal Law, n.d. the act of conspiracy is complete when “the defendants become complicit and commit the conspiracy act with the conspiracy intent.” In most states, to apply the criminal act element for conspiracy, there must be an agreement to commit a criminal offense. However, the law does not mandate that the commitment be formal. In fact, all the evidence can be circumstantial.Although Gotti was arrested in Florida, he had successfully conspired multiple murders and illegal drug transactions in New York. For the state of New York to charge someone with conspiracy, at least one co-conspirator must take an overt act in furtherance of the conspiracy (Conspiracy, n.d.). Therefore, Gotti is guilty of conspiracy acts and conspiracy intent because he was the Gambino Crime Mob family leader, which is enough circumstantial evidence linking him to the crimes. The law is written in a way that allows courts to find a conspiracy from the circumstances surrounding the completed crime even if there is no evidence of a verbal commitment or paper trail (Conspiracy, n.d.).Gotti is guilty of the wheel conspiracy because he was the ringleader who was connected to every other conspirator, without a doubt. He conspired, ordered hits, and was a heartless leader who did not tolerate anyone making a move without his knowledge (Criminal Law, n.d.).ReferencesConspiracy. (n.d.). From law: The crime of conspiracy. Lawshelf Educational Media. (n.d.). From 3 KIMBERLY: In law, the determination to charge or acquit someone of a crime can be based on how law is written and used to accuse or defend that individual. The Britannica classifies conspiracy as amorphous or “shapeless or being without definite character or nature” by stating “Its terms are vaguer and more elastic…”(Walsingham, n.d.). This is identifiable just by reading 8.2 in our literature about conspiracy. It is evident that verbiage or vocabulary of conspiracy and how one can be associated with conspiracy is different by each state or even by federal law as shown in the Model Penal Code (1962). Even Britannica states that “Generally, there is no particular form that the agreement must take to constitute conspiracy” (Walsingham, n.d.). Regardless of being amorphous, there are synonyms in defining conspiracy that assists in charging one of conspiracy.Words like knowingly, willfully advocate, advise, teach the duty, desirability, and organize from Sections 2 and 3 of the Smith Act, 54 Stat. 671, 18 U. S. C. (1946 ed.) §§ 10, 11 (see present 18 U. S. C. § 2385) can run in parallel to words like confederate, agreement to, planning and preparation, specific intent, and purposely agree that define what conspiracy acts and conspiracy intents are, as found in 8.2 of our literature. This ideology can now help determine whether Gotti Jr should have been charged with criminal conspiracy or not and that answer is yes. It is evident that John J. Gotti Jr, being the son of a crime boss to the Gambino family, placed him above all other members of the Gambino Family. Statements from captured members give evidence that Gotti Jr began to make a name of himself as early as 1988. Even Manhattan federal prosecutor Elie Honing stated that the hearing against Gotti “captured a lifetime of criminality” (Marzulli & Siemaszko, 2019). Just through the basic understanding of how crime families like the Gambino or the Sopranos worked and given Gotti Jr. a high status in the Gambino family, it is evident to say wheel conspiracy is the best selection over a chain conspiracy. Gotti Jr can be associated as the ringleader of the conspiracy who oversaw murders like the one of Louis DiBono on October 4, 1990. Commonly, in crime families, Gotti Jr would have been making decisions associated with family criminal acts that did not require John Gotti Sr.’s approval. Furthermore, after Gotti Sr. died in 2002, Gott Jr. would have been given the responsibility to take over the family business. This entitlement associates him with conspiracy, as well as an agreement to commit any criminal offense, and in conspiracy intent, in which he agrees to in a criminal act. The Model Penal Code 5.03 (2) even covers large-scale conspiracies by stating “large scale conspiracies…may result in each member sharing criminal responsibility for conspiracy and every conspiracy transaction” (Legal Information Institute, n.d.). In recap, Gotti Jr.’s status, the common understanding of crime family structures, and the meaning of conspiracy law are evident that Gotti Jr. knowingly, organized, and even willfully advocated criminal acts to benefit the Gambino family. This entitles him to be charged with criminal conspiracy. ReferencesMarzulli, J., Grace, M., & Siemaszko, C. (2019, January 12). John Gotti Jr. arrested on murder conspiracy charge. Retrieved February 3, 2022, from, Lisa. Introduction to Criminal Law. Vol. 1.0. Accessed 2 Feb. 2022.Walsingham, Francis. “Conspiracy | Law.” Encyclopedia Britannica, Accessed 2 Feb. 2022.CLASSMATE 4 JOSEPH: Should Gotti Jr. been charged with criminal conspiracy? Discuss the law of criminal conspiracyYes. John Gotti Jr. should be charged with criminal conspiracy. Conspiracy mainly refers to the agreement between two or more individuals to commit illegal activity to fulfil the goal of the agreement. John Gotti Jr. should be charged with criminal conspiracy because he led his fathers’ Gambino crime activity, a gang group that engaged in several criminal activities, including murders, racketeering, and drug trafficking. Besides, he also ordered the murder of George Grosso in 1988 in Queens. He also oversaw the murder of Louis DiBono, a solder of the Gambino family, under his father’s command, for refusing to come in when the father (John Gotti) called him (Marzulli, Grace, & Siemaszko, 2008). Thus, it is clear that he conspired in the above-mentioned criminal activities, hence deserving to be charged with criminal conspiracy.Analyze the facts above to determine if the elements of conspiracy as presented in Chapter 8.2 of the eBook describesFour main elements that determine or are required for criminal conspiracy charges are; an agreement between two or more parties, an agreement intended to achieve an illegal goal, at least one of the involved parties must make an overt act in the conspiracy, and all involved parties must have knowledge of the conspiracy or participate in it. In John Gottti Jr.’s case, some of these elements are present. For instance, when he killed Louis DiBono, it was an agreement between him and his father, John Gotti; hence it involved two parties. Besides, the deal was to kill DiBono, which was fulfilled after he murdered him. Another quite evident element is where the involved parties must have knowledge or participate in the conspiracy. When John Gotti Jr. was acting boss of the Gambino family, he directed the gang members to commit criminal activities. These mobsters were aware of the criminal acts they were engaging in.Discuss whether the criminal intent and the criminal act of conspiracy are met. Is this a “wheel or a chain conspiracy” as defined in the ebook and explain specifically why or why not. Have fun with this oneBoth the criminal intent and the criminal act of conspiracy are met. The criminal intents were to murder and traffic drugs, and they were met because murders were committed, and other crimes such as drug trafficking and racketeering were also committed. A chain conspiracy is one in which a single individual is responsible for a distinct act in the overall plan. In contrast, a wheel conspiracy is one in which a single member or group separately agree with other parties to commit a crime (Campane, 1981). John Gotti Jr.’s case presents a wheel conspiracy because it involved one person ordering or directing other parties to commit the crime. ReferencesCampane, J. O. (1981). Chains, Wheels, and the Single Conspiracy, Conclusion. 24-31.Marzulli, J., Grace, M., & Siemaszko. (2008, August 06). John Gotti Jr. arrested on murder conspiracy charge. Retrieved from
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