Is it an abuse of due process to deny notice to a defendant in a criminal RICO proceeding?

MultiRegion, United States of America

The following excerpt is from U.S. v. Davidoff, 845 F.2d 1151 (2nd Cir. 1988):

I agree that due process requires the government to notify the defendant in a criminal RICO proceeding, either by the express terms of the indictment or by means of a bill of particulars, of all the predicate acts that the government will attempt to prove at trial. Since the defendant is entitled to notice of the charges against him, it would be an abuse of discretion to deny him a bill of particulars setting forth the precise nature of these charges. See, e.g., United States v. Bortnovsky, 820 F.2d 572 (2d Cir.1987) (per curiam) (abuse of discretion to deny bill of particulars identifying which of defendants' insurance claims for burglary losses were fraudulent); United States v. Neapolitan, 791 F.2d 489, 500-01 (7th Cir.) (predicate acts to be proven at trial must be specified in the indictment), cert. denied, --- U.S. ----, 107 S.Ct. 422, 93 L.Ed.2d 372 (1986).

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