Lawyers scope out RICO suit
First step: see what’s covered by insurance firm, By Jennifer Knocha Vernon During last Thursday’s town council meeting, Vernon Township attorney Michael Witt updated the public and the board on the 56-count RICO lawsuit filed by Councilman Richard Carson against the township of Vernon and various township officials and board members. While he couldn’t make any definitive statements, Witt did say that the township’s insurance company had appointed a law firm, Gephardt & Fisher, to represent Vernon in the suit and was determining what level of coverage to provide. Richard Cushing of that firm, based in Clinton, will be the township’s representative in the case. “If all of these claims aren’t covered under our insurance,” said Witt, “then the town still has to pay for their own defense. That defense would be at the expense of the taxpayers. Further, any judgment against the township would be at the expense of the taxpayers in the event of a denial of coverage.” It’s also still unknown whether the individuals named in the suit will be covered by the township’s insurance policy. Those people are: Mayor Austin Carew, land use board member and Republican chairwoman Andrea Cocula and Patrolman David Hering. In his suit, Carson accused the officials of threatening him over the phone, by e-mail and in person to resign because he would not cooperate with them during his first year in office. He also accuses them of wire fraud, extortion and violations of two of his Constitutional rights. The RICO Act Racketeer Influenced and Corrupt Organizations Act was passed in 1970 and intended to eradicate organized crime. While it was developed as a way to prosecute the Mafia and others engaged in organized crime, its application has been more widespread. According to the Web site www.ricoact.com, “Today, RICO is almost never applied to the Mafia. Instead, it is applied to individuals, businesses, political protest groups and terrorist organizations. In short, a RICO claim can arise in almost any context.”