Criminal Defense Lawyers

The Hobbs Act and Organized Crime: Still Used Against the Mafia?

The Hobbs Act and Organized Crime: Still Used Against the Mafia?

The Hobbs Act, passed by Congress in 1946, has been one of the most potent weapons used by federal prosecutors against organized crime. But in recent years, its use against traditional Mafia families has declined. Does the Hobbs Act still have relevance for fighting the mob in the 21st century?

The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce. The Act has been used to prosecute mobsters for activities like shaking down businesses for “protection” payments. Because the commerce clause of the U.S. Constitution gives Congress power over interstate commerce, the Hobbs Act can be invoked even if the illegal activities occur purely within one state.

In the past, the Hobbs Act allowed prosecutors to go after mob families involved in traditional rackets like gambling, loan sharking, and infiltration of labor unions. The Act was used to fight organized crime across the country, from the Five Families of New York to crime families in cities like Chicago, Philadelphia, Detroit, and Boston. It led to major mob prosecutions and convictions from the 1970s through the 1990s.

Declining Use Against Traditional Mafia Families

In recent decades, federal prosecutors have made less frequent use of the Hobbs Act against East Coast La Cosa Nostra families. There are several reasons for this:

• The decline of the traditional mob. Decades of prosecutions have weakened or dismantled many of the old Italian-American crime families. Most experts agree that the Mafia is a fading force in the U.S. today.
• Shift in priorities. Federal law enforcement has focused more on emerging organized crime threats like Russian, Balkan, and Asian criminal networks involved in sophisticated cybercrime, drug trafficking, human trafficking, and money laundering.
• Other laws used instead. Prosecutors often rely on charges like murder, drug trafficking, illegal gambling, and racketeering under laws like the RICO Act rather than the Hobbs Act.

High-profile mob cases today rarely revolve around charges of extortion or robbery under the Hobbs Act. For example, in the recent trial of former Bonanno crime family boss Joseph Massino, he was convicted of racketeering, murder, and obstruction of justice charges – but not specifically Hobbs Act violations. While the Hobbs Act was once the main tool for attacking the mob, federal prosecutors now have an array of other laws at their disposal.

Continued Relevance

Does this mean the 76-year-old Hobbs Act is no longer relevant? Not exactly. The law still has applications in mob cases today:

• Local busts. While federal prosecutors use it less today, local law enforcement continues relying on the Hobbs Act to target organized crime activities like shakedowns of local businesses for “protection” money.
• Public corruption. The Hobbs Act is often used in cases involving public officials abusing their offices for personal gain.
• Violent crimes. The law has been invoked in cases where organized crime figures are involved in robbery, hijacking, or other violent crimes.
• Emerging groups. Prosecutors have used the Hobbs Act against Russian mobsters, Asian gangs, and other emerging organized crime groups involved in extortion.

So while the Hobbs Act may not be as critical to fighting traditional La Cosa Nostra families today, it still sees action in cases involving public corruption, newer mafia groups, and local organized criminal activities. The law remains “a mainstay” of federal prosecutors, according to former U.S. Attorney General Alberto Gonzales. It continues to be an important tool for combating organized crime in the 21st century – even if the mob families it targets have changed.

The Case of Anthony Zoccolillo

A 2006 case in Philadelphia demonstrates how the Hobbs Act can still be effective against modern mobsters. Anthony Zoccolillo was a member of the Philadelphia La Cosa Nostra family – albeit a fairly low-ranking one. He was caught on tape boasting about plans to rob a local pizza parlor owner who had refused to pay him protection money. Zoccolillo said the beating would teach the owner “what happens when you say no to us” – a classic example of organized criminal extortion.

Zoccolillo was arrested and charged with Hobbs Act extortion. He tried claiming that his statements were just drunken boasts and he never intended to commit the robbery. But federal prosecutors had solid audio evidence against him. Given the potential 20-year sentence, Zoccolillo opted for a plea deal admitting to the Hobbs Act charges. He was sentenced to nearly four years in prison – not a huge sentence, but significant for a mob goon like Zoccolillo. The case showed how the Hobbs Act can still be used to combat mob extortion schemes today.

Criticisms and Defense

Use of the Hobbs Act has not been without controversy over the years. Critics have argued it gives federal prosecutors too much discretionary power. The commerce clause justification underlying the Act has been called a “legal fiction” by some academics. There have been allegations of the law being used unfairly or politically in some public corruption cases. And defense lawyers routinely challenge the application of the Hobbs Act in court.

However, most legal experts contend that the Hobbs Act has solid constitutional grounding in the commerce clause. The U.S. Supreme Court has repeatedly upheld convictions under the law. Supporters argue the Hobbs Act is a valuable tool for fighting organized crime and public corruption, striking at the economic roots of these criminal enterprises. While not without flaws, the Hobbs Act enables prosecutors to pursue mobsters in ways other laws do not.

The Future

The Hobbs Act clearly does not have the same central importance to federal mob prosecutions as it once did. But rumors of its death have been greatly exaggerated. The continued use of the Act against traditional and emerging organized crime groups shows it still has teeth. With the mob constantly evolving and finding new rackets, this 75-year-old law will likely remain part of the anti-mafia arsenal for decades to come. Any wiseguy who thinks the Hobbs Act is ready for retirement should probably think again.

References

Capeci, Jerry. “Massino Convicted of Racketeering Murder.” Gang Land News, July 30, 2004.

Lichtblau, Eric. “Mafia Is Down, Not Out, U.S. Says.” The New York Times, March 28, 2008.

Anastasia, George. “The Philadelphia mob made a comeback in 2012 – will it happen again in 2018?” Philly Voice, January 2, 2018.

Abrams, Norman. “The Commerce Clause and the Hobbs Act.” The University of Chicago Law Review, vol. 44, no. 1, 1976, pp. 8-38.