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and noon Saturday Masses: held in the convent chapel: 8 a.m., 5 p.m. Ann Berendes, IHM, Director of Parish Social Ministry: [email protected] Clauberg, Director of Youth Ministry: [email protected] Clores, Seminarian: [email protected] Erlanger, Regional School Principal: [email protected] Finta, Associate Director of Parish Social Ministry: [email protected] Pirraglia, Director of Faith Formation: [email protected] Waller, Business Manager: [email protected] is celebrated in the OLQA auditorium. Exposition of the Blessed Sacrament will take place in the Convent on Thursday after the noon mass. We pray the Miraculous Medal Novena after the 7 a.m. masses on Mondays in the convent (with the exception of holidays and whenever the parish is closed). The program will start on September 10 and conclude on October 13.
Uniform servives and special massages are available for an additional fee.

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Now before the court are both defendants' pretrial motions which raise substantial questions about the theories underlying this prosecution and the correct interpretation of several important federal criminal statutes. In addition to threats against student-athletes, the indictment charges that at least one of Norby Walters Associates' potential entertainment clients — the group known as the "Jackson Five" — was threatened with force if the group did not retain Norby Walters Associates as booking agent. The defendants are accused of agreeing to violate RICO Section 1962(c) by conducting and participating in the conduct of the affairs of Norby Walters Associates and WSE through a pattern of racketeering activity consisting of: multiple acts of extortion and attempted extortion; multiple acts of collection of extensions of credit by extortionate means; multiple acts of mail fraud; multiple acts of wire fraud; and multiple acts of the use of interstate facilities in furtherance of unlawful activity. In performing this role, its actions widen consumer choice—not only the choices available to sports fans but also those available to athletes—and hence can be viewed as procompetitive. See Mc Cormack, supra, 845 F.2d at 1345; Justice v. Pursuant to the scheme, a de facto state official received portions of commissions which were paid by the commonwealth's insurers to an intermediary insurance company which presumably arranged the coverage. The Court characterized the right to honest government as an "intangible right" which was not protected by the federal mail fraud statute. The Supreme Court further clarified the contours of the new mail fraud "money or property" requirement in Carpenter v. In the court's view, this indictment does not run aground on Mc Nally. Pa.1988), the court rejected a defense argument that the payment of salaries and benefits to police officers did not constitute a deprivation of property because the victim city would have paid the salaries in any event. There, the government alleges that the universities were defrauded of their "right to control" allocation of their limited number of athletic scholarships. In the court's view, that the universities are limited by amateur competition regulations in the number of football players to whom they can distribute their property does not create any additional property right. Bloom argues that he is prejudiced by the improper enterprise allegation because the enterprise ties Bloom to unrelated organized crime activities of Norby Walters Associates during the period 1981-1984. Bloom's argument that he is prejudiced by this particular enterprise allegation is novel. Paragraph 27 of Count I and paragraphs 12-14 of Count VII contain the government's Hobbs Act allegations. Although the Seventh Circuit has never had occasion to apply this aspect of Enmons, every circuit court to interpret Enmons has limited the case to situations where there is a clear congressional intent that the Hobbs Act not apply. Agnes, 753 F.2d 293, 299 (3d Cir.1985) (listing cases). This court adopts the reasoning in Agnes and declines to recognize a claim of right defense. There the court reversed a Hobbs Act conviction based on defendants' extortion of ,000 from an individual seeking an electrician's license because it found that the extortion of the individual failed to affect commerce. Thus "the act reaches conduct where the effect on interstate commerce is slight and where there is no actual effect proved but there is a realistic probability of an effect." Id.

After careful consideration, the court denies defendants' motions for the reasons set out below. Defendants are further charged with taking money from one student-athlete, Paul Palmer, on the pretext that the money would be invested on his behalf, and thereafter using the money to pay some of defendant Bloom's personal expenses. Count Two charges the substantive offense of mail fraud. According to the Court: The violation asserted is the failure to disclose [defendant's] financial interest [i.e., in receiving the insurance commissions], even if state law did not require it, to other persons in the state government whose actions could have been affected by the disclosure. The property deprivation alleged in ¶ 22(a) consists of tangible money and property in the form of scholarship money and room, board, tuition waivers and fees. In Thomas, defendants were charged with a scheme to rig police entrance exams to secure appointment for favored candidates to positions as patrolmen. Intuitively, it is difficult to separate the tangible property of the scholarships from the intangible property right to control allocation or disposition of the scholarships. In any event, the defendants are not prejudiced by the overlap between ¶ 22(a) and ¶ 22(b). Wellman, 830 F.2d 1453 (7th Cir.1987), the indictment similarly charged two overlapping property deprivations. The defendant argued, as do defendants in this case, that because there were no allegations that the bank suffered a pecuniary loss from the loans, i.e., that the loans were bad, there was no fraud. Following Carpenter, the district court held that the victim-bank did not have to suffer pecuniary loss on the loans; it was enough that the bank's intangible property right to exclusive control of its money was violated. Holzer, 816 F.2d 304, 309 (7th Cir.), vacated on other grounds, ___ U. According to the Seventh Circuit, "the central element of an enterprise is structure." United States v. When an enterprise is also a legal entity, structure is easy to find. Based on the intended broad sweep of the RICO statute, see Neapolitan, supra, 791 F.2d at 495 ("the Supreme Court has consistently adhered to a broad, literal reading of the statute"), the court finds that a defendant who later joins an enterprise can be linked to the enterprise's previous predicate acts. Stern, 858 F.2d 1241 (7th Cir.1988) (One conspiracy not two charged in operation of ongoing prostitution RICO enterprise although one conspirator joined at a later date). In essence, they charge that defendants conspired to commit and did commit extortion by threatening three student-athletes with physical harm, and one student-athlete with harm to his reputation, if they did not honor their representation agreements with WSE. Enmons itself concerned a labor dispute; the Court found that the Hobbs Act was not intended to cover cases of strike violence. Bloom also argues that the indictment fails to establish that the extortionate activity affected or interfered with interstate commerce. It is well established that the Hobbs Act reaches to the limits of the commerce clause. The present indictment pleads at least a realistic probability of an effect on interstate commerce.

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