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Prostitution and the Internet The evolution of the internet has allowed for easier access to services involving prostitution and for the solicitation of prostitution but law enforcement has become savvy about prostitution and the solicitation of prostitution via the internet. Under Count Two, first degree racketeering, I incorporate by reference the findings made under Count One.

And in that photo album I saw, Mr. Kirkland obviously shows a lot of pride in displaying all the money that was generated from the prostitution business, which I find rather sickening.

But, that's his approach to things. So, the purpose was to generate money. This was an evil invidious enterprise run by a man that I find to be essentially sociopathic, controlling, a manipulator who Prostitutes Kirkland so low as to get his mother involved in the Prostitutes Kirkland. The money generated was used to Prostitutes Kirkland homes, vehicles, clothing, food and Prostitutes Kirkland benefits such as trips for its members in order to deposit cash and hide the cash, make purchases, obtain loans, obtain leases, make payments, obtain false documents.

A considerable amount of Prostitutes Kirkland, cooperation and interaction of its members was necessarily required. A corrupt accountant was employed.

False documents were sent to a parole officer in one instance, setting forth that he was an employee of the totally fictitious company known as Total Concepts. Prostitutes Kirkland, here is an attempt to bamboozle a state official into thinking that this individual was employed by Total Concepts. I think it was Miss Mayer who at some point argued Mr. Kirkland's life for many years was a total fraud. This Court totally agrees. Kirkland with a United States Marine Corps shirt on. I heard reference by Counsel during the course of the trial that he was honorably discharged from the service.

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His operation was more along the lines of "Always Prostitutes Kirkland, which is a sad commentary for somebody who previously served our country. So, again, I'm referring back to the phony corporation, Prostitutes Kirkland Concepts, that was created to further the prostitution business, the cars and the homes purchased and leased and virtually all the other activities were engaged in to perpetuate the criminal enterprise.

I agree with the argument of the State that without a high degree of planning and cooperation between the members, even though it was not a large organization Prostitutes Kirkland any given time, the enterprise would not have been as successful as it was in obtaining assets Prostitutes Kirkland would it have continued to do so for such a long period of Prostitutes Kirkland without detection by law enforcement. As previously indicated, the word "enterprise" pursuant to the legislative history in State v.

In this Court's opinion it was obviously intended to include illicit businesses such as the one Prostitutes Kirkland by Anthony Kirkland for many years. As further indicated in Ball, no particular configuration of the enterprise is necessary. This obviously comports with the broad construction intended by our New Jersey Legislature. There were an average number of women working, as I think I mentioned before, four, and the fact that it was relatively simple does not take this business form Prostitutes Kirkland under the umbrella of the word "enterprise" as used in New Jersey RICO Statutes.

I understand the argument made. I think it was made as well as it could be made and I compliment Counsel in that regard, but I have to reject it for the reasons indicated. Prostitutes Kirkland Court also finds that the conduct of the conspirators in this operation was knowing and purposeful in all instances. In conclusion under this count, I further say that I cannot accept the interpretation that Prostitutes Kirkland.

Baker argued to the Court because if I did that I think would essentially be putting a narrow and strained interpretation on the word "enterprise" and this was not intended by our Prostitutes Kirkland nor Prostitutes Kirkland it suggested in any way that I could see in State v.

Under Count Two, first degree racketeering, I incorporate by reference the findings made under Count One. Kirkland was the operating head of the enterprise which affected trade and commerce. How did it affect Prostitutes Kirkland and commerce? It had its tentacles into Prostitutes Kirkland banking field, into the leasing field, into contracts, into mortgages, into real estate transactions, and did so purposely and knowingly through a pattern of racketeering activities.

Repeated acts of documented violence were involved using such devices -- and the testimony is uncontroverted -- as extension cords which it appears [were] Mr. Kirkland's favorite weapon[s] Prostitutes Kirkland whipping the prostitutes who got out of line.

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He also used other devices. And two of these women got up in open court and bared various parts of their anatomy to the Court to show me the various scars and the results of his physical mistreatment over a period of time. I saw numerous bruises and scars on Prostitutes Kirkland Kirkland and Theofani Staikopolous in particular right here beside me.

This Court finds from the uncontroverted testimony that the acts of violence were to keep the prostitutes in compliance with the rules laid down by Mr.

Kirkland for the Prostitutes Kirkland of his prostitution enterprise. These crimes of violence were involved in the amount of money and property derived for Mr. Count Three, first degree money laundering. The uncontroverted testimony, which I find credible, indicates virtually all of the items set forth Prostitutes Kirkland State's Exhibit were obtained as a result of racketeering activities, including prostitution, theft by deception, falsification of records, all of which Prostitutes Kirkland been previously commented upon in this Court's findings.

He found Bernice to be a completely incredible witness and rejected "all of her testimony. He found that she fraudulently obtained a mortgage in Prostitutes Kirkland to purchase a home for Anthony at 62 Rosalind Circle in Sicklerville and then fraudulently obtained a refinancing on Prostitutes Kirkland same property. She falsely represented to the bank that she and her husband were going to live in that home, and falsely represented that they were going to obtain income by renting out their existing home at Breckinridge Drive.

But she admitted at trial that "the lease was a fraud. Prostitutes Kirkland judge also found that Bernice knowingly paid the mortgage on the Rosalind Circle home with money from Anthony's prostitution business. She likewise purchased a series of vehicles for Anthony, in her name, using money that she knew came from the prostitution business.

He concluded that "virtually all the cash that was Prostitutes Kirkland through her account was as a result of prostitution money given to her by either Mr. Kirkland or his wife, Christina.

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Having reviewed the record, including the entire trial transcript, we conclude that all of appellants' arguments are without merit and, except as discussed below, they do not warrant discussion in a written opinion.

We affirm the convictions substantially for Prostitutes Kirkland reasons stated in the trial judge's thorough and cogent oral opinion, which is amply supported by the record. State v. Locurto, N. And we find no error in Anthony's well-deserved lengthy Prostitutes Kirkland, cogently explained in the trial judge's written statement of reasons issued on November 17, Roth, 95 N.

Prostitutes Kirkland, N. New Jersey, U. We add the following comments. We find no merit in Bernice's challenge to her conviction for theft by deception.

She obtained a mortgage on the Rosalind Circle property, and then refinanced the mortgage, through deception and outright fraud; her intent to pay the mortgage is irrelevant. Rodgers, N. Prostitutes Kirkland, N. The record likewise contains abundant support for the judge's conclusion that Anthony was running a multi-state criminal enterprise and not a "one-man operation" as Prostitutes Kirkland claimed. It shall be unlawful for any person employed by or associated with any enterprise engaged in or activities of which affect trade or commerce to conduct or participate, directly or indirectly, in the conduct of the enterprise's affairs through Prostitutes Kirkland pattern of racketeering activity.

The offenses proscribed in N. The enterprise is the association, and the pattern of racketeering activity consists of the predicate incidents.

Nevertheless, evidence that serves to establish such an enterprise need not Prostitutes Kirkland distinct or different from the proof that establishes the.

We hold, further, that because the enterprise is distinct from the incidents constituting the pattern of activity, it must have an "organization. The hallmark of an enterprise's organization consists rather in those kinds of interactions that become necessary when a group, to accomplish its goal, divides among its members the tasks that are necessary to achieve a common purpose. The division of labor and the separation of functions undertaken by the participants serve as the distinguishing marks of the "enterprise" because when a group does so divide and assemble its labors Prostitutes Kirkland order to accomplish its criminal purposes, it must necessarily engage in a high degree of planning, cooperation and coordination, and thus, in effect, constitute itself as an "organization.

Apart from an organization's structure as such, however, the Prostitutes Kirkland of the evidence must be on the number of people involved and their knowledge of the objectives of their association, how the participants associated with Prostitutes Kirkland other, whether the Prostitutes Kirkland each performed discrete roles in carrying out the scheme, the level of planning involved, how decisions were made, the coordination involved in implementing decisions, and how frequently the Prostitutes Kirkland engaged in incidents or committed acts of racketeering activity, and the length of time between them.

Anthony operated his well-organized, multi-state business as a kind of sole proprietorship, but he did not act alone. He operated with the assistance of his corrupt accountant, Harry Murray, defendant Bernice who advised him and laundered money for him, the "bottom bitches" who supervised the other prostitutes and channeled money to defendant, the Prostitutes Kirkland services Prostitutes Kirkland sent customers to "his" prostitutes, and a fellow pimp named Trey who "watched" the house in Las Vegas for him.

Defendant's operation Prostitutes Kirkland the definition of an "enterprise" in other respects as well.

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The prostitutes who testified confirmed that Anthony ran the business according to a strict set of rules they were required to follow. Prostitutes Kirkland activities of the organization were coordinated in such Prostitutes Kirkland that the women were required to call Anthony every hour or two, from whichever city they were working in, to report what they were doing and how much money they had made.

Further, the organization affected legitimate "trade or commerce," in that its illegitimate proceeds were laundered through Bernice's bank Prostitutes Kirkland, and mortgages and car leases were obtained through fraud and paid off with money from prostitution.

And there is no dispute that the organization engaged in innumerable predicate illegal acts, as defendant required the women to work night and day committing multiple acts of prostitution, even after they Prostitutes Kirkland recently given birth.

Prostitutes Kirkland therefore affirm defendant's conviction under RICO. We likewise reject Anthony's contention concerning waiver of his right to a jury trial. On March 24,approximately a month prior to the trial, defendants made an application to waive their right to a trial by jury.

Anthony's attorney advised the court that defense counsel and the prosecutor. We're in agreement, obviously subject to Your Honor's approval - - in having this matter tried without a jury before Your Honor.

It's scheduled April 28th and we all thought it would be best if we cleared up that issue now so we could proceed in accordance with Your Honor's decision in this matter. So I discussed it with Mr. Kirkland and he's prepared to advise Your Honor Prostitutes Kirkland he wishes to waive his right to a jury trial and proceed with a bench trial in this matter, and I believe Mr.

Miller Prostitutes Kirkland counsel] is in the same position and [the prosecutor] who also has a Prostitutes Kirkland in this matter would concur. After discussing the impact that a bench trial, as opposed to a jury trial, would have on the length of the trial, the court then addressed both defendants concerning their consent to the waiver:.

Motley and Mr. Motley, you've been sitting here when your attorney made certain representations in regard to this being potentially a non-jury trial which means that I will be the trier of fact in addition to the Prostitutes Kirkland of the law. You heard what was said. Is Prostitutes Kirkland your desire, ma'am Have you discussed that in detail with your attorney before you made that Prostitutes Kirkland And Mr.

His mother, Bernice Kirkland Motley, who also waived her right to a jury trial, was convicted of conspiracy, N.

You Prostitutes Kirkland this with your attorney, is that correct? All right, I have -- I'll note for the record that both Mr. Kirkland and Ms. Motley are Prostitutes Kirkland by attorneys who appear Prostitutes Kirkland this Prostitutes Kirkland on a regular basis. They are very experienced. So I accept their representations and I accept that there is a concurrence, if you will, between counsel and client in that regard.

And I have no trouble trying the case on a non-jury basis. So that's Prostitutes Kirkland decision of the Court. Criminal actions required to be tried Prostitutes Kirkland a jury shall be so tried unless the defendant, in writing and with the approval of the court. But this requirement is not jurisdictional.

Paolino, N. The critical requirement is that defendant provide an express, knowing and intelligent waiver in open court. Jackson, N. The requirement of knowing and intelligent waiver is a well-established principle of constitutional magnitude.

Patton v. United States, U. But whether a waiver is Prostitutes Kirkland depends on the totality of the circumstances, State v. Mazza, N. Jackson, supra, N. Wyman, N. In Jackson, a case in which defendant signed a written waiver, we noted that if Prostitutes Kirkland waiver is in writing, there is a presumption that it was voluntary, knowing and intelligent. We further noted that defendant had Prostitutes Kirkland burden of showing that the waiver was not voluntary and intelligent.

And there we also noted that defendant presented no evidence to support his claim that the waiver was "other than a knowing and intelligent decision made by him with advice of counsel. Our decision to reject his contentions also rested on the gap of over a month between the waiver and the trial, during which time defendant could have moved to retract the waiver if he had "any second thoughts.

In State v. Dunne, N. While the colloquy between Anthony and the court in this Prostitutes Kirkland was relatively brief, defendant points to no facts that would indicate that he did not understand what he was giving up. Defendant was sophisticated enough to run a highly profitable and fairly complex multi-state criminal operation. He was represented by experienced legal counsel, and the record supports a reasonable inference that his attorney had discussed the waiver issue with him in detail on multiple occasions.

Unlike the non-English-speaking immigrant in United States v. Delgado, F. See United States v. Anderson, F. And the trial judge explained Prostitutes Kirkland both defendants that if they waived a jury, the judge would decide the facts and the law. Further, as in Jackson, supra, defendant had over a month between the waiver hearing and the trial to Prostitutes Kirkland his mind.

Finally, although defendant was facing Prostitutes Kirkland charges, he did not contest his guilt as to most of them. Resources Sitemap Accessibility Help Center. Compare to: - No Earlier Versions. Prostitutes Kirkland Overview. Kirkland, IL Code of Ordinances. Share Prostitutes Kirkland Bookmark Print. It shall be unlawful for any person to keep or assist in the keeping of a house of ill fame or prostitution or knowingly reside therein or knowingly to rent, lease or permit any person to occupy any house or room owned, leased or controlled by him or her for this purpose.