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John Murtha — Part 28
Page 106
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o™,;
federal jurisdiction, did not apply because there was no
extortion within the meaning of the.statute. Moreover,
according to Judge Fullam, the Hobbs Act does not operate
"to confer federal jurisdiction over purely hypothetical
potential impacts on commerce which could never occur."
501 F Supp at 1185.
With the Abscam cases now before this court,
the Hobbs Act is not in issue. Instead, the congressmen
were charged with and convicted of violating other federal
statutes such as bribery, conflict of interest, and criminal -:
gratuity. Such direct violations of federal law by federal
officials establish unquestioned federal jurisdiction.
Judge Fullam did find a basis for federal jurisdic-
tion under the alleged RICO violations, 18 USC §1962(c),
premised upon the activities of Criden's law firm as the
"enterprise". Since Judge Fullam found the RICO convictions
to be supported by sufficient evidence, he found it necessary :
to considér the entrapment and due process issues, both
of which he resolved against the government.
Many of the factors that were central to Judge
Fullam's due process decision in Philadelphia, however, ©
are either different or absent from the Neéw York cases.
With Jannotti and Schwartz, for example, the undercover
agents indicated that the sheik would not consider investing
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