Nicky Barnes: Investigation, Prosecution, and Defense Strategies

This report provides a detailed analysis of the Nicky Barnes case, examining the challenges faced in investigating his organized crime syndicate, including the structure of his organization and the criminal liability of women involved. It explores the investigative and prosecution tools used against Ba...Read More

Running Head: Nicky Barnes
Nicky Barnes
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Nicky Barnes
Table of Contents
Investigation...............................................................................................................................2
Role of Women..........................................................................................................................2
Prosecution.................................................................................................................................3
Defense Arguments....................................................................................................................3
President’s Commission.............................................................................................................4
Bibliography...............................................................................................................................5
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Nicky Barnes
Investigation
Nicky Barnes was famous in the US in 1970s for his crime syndicate on dealing of
drugs. His main territory for operation was New York. He formed an organisation and named
it The Council. It consist of seven crime syndicate from African-American area. They
controlled the most part of heroin in the area of Harlem in New York. He took The Council
to dung trafficking in international level in association with Italian-American Mafia ('Mr.
Untouchable' Goes to Jail, 2019). He established some of the fake companies to protect his
illegal money. He rented car dealerships through his fake companies. His net worth went upto
50 million dollars at that time. He was so powerful at his time that he was free after released
from arrests and eventually he was nicknamed as “Mr. Untouchable”. He was arrested in
1978 and he was sentenced to life imprisonment in 1978. In 193, he became the informant to
the police that lead to the downfall of The Council (Article 6- No Title, 1977).
It was difficult for the government and the police to arrest Nicky Barnes because he
was the core of well organised crime syndicate at that in New York. He was running his
illegal business behind normal car dealerships (Sullivan, 2017). No one could even think that
he could be arrested. Police and the government knew that his source of income is illegal but
they were not able to reach him without evidences and proofs. No one was ready to testify
against him and even if he was arrested then he used get released early without any fuss.
There was hardly any trail for the police to reach him (AMERICAN GANGSTER (2007),
2019).
Role of Women
The women who were the part of crime syndicate were equally criminally liable. The
women use to transport drugs in the dresses and carrying carry bags deceiving the police
authority by showing that they belong to high class families (Arsovska & Allum, 2014). Due
to this police did not doubt on them. These women were the main source through which
Nicky Barnes became the prime drug syndicate in New York. These women were paid high
for their service and they got lured into it. They got attracted towards high money (Major
Issues in Organised Crime Control, 1986). If they were forced into it then in the spare time
they could have gone to the any government official o police to testify against Nicky Barnes.
They were criminally liable for promoting the drug trafficking.
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Nicky Barnes
Prosecution
Then newly elected President Jimmy Carter ordered the federal law enforcement
officials to put more efforts to arrest Nicky Barnes and to destroy his crime syndicate. Due to
this, the Drug Enforcement Agency (DEA) arrested him. As per US Attorney Robert B. Fiske
Jr., Barnes was arrested and charged due to “head of a loose knit narcotics organisation which
distributed huge amount of cocaine and drugs”. Under this charge, he will be getting
maximum imprisonment of 10 years and fine of 100,000 dollars. . He was charged for
conspiracy along with Baker, Hatcher, Hayden, Rollock, McCoy, Centeno, Fisher, Monsanto
for violating narcotic laws under section 812, 841(a)(1), 841(b)(1) and 846 for distribution
and possession of cocaine and heroin. Another charge on Barnes was operating and heading
criminal enterprise which violating section 841 of the act. Another charge was on Barnes and
his aid was possession and distribution heroin (Lubasch, 1977).
By seizing the assets of Barnes initially would have been better option as he was
handling his syndicate The Council from the jail itself. By freezing his assets, he could have
been in the jail for longer period of time and could not have got the bail. His main source of
income was drugs which were handling from his home. These tools were effective as Nicky
Barnes was convicted of conspiracy, counting criminal enterprise and possession and
distribution of drugs. The Racketeer Influenced and Corrupt Organizations Act could have
been used against Nicky Barnes. RICO act permits extra criminal penalties and actions
against the involvement in criminal network. Tone of the aspect that this act covers is
obstruction of justice. Nicky Barnes was hiding behind the car dealership business to get
away from law enforcement agencies. If I would have been the prosecutor in the case then I
would definitely have used this act against him because this act would have make the
prosecutor’s case even stronger.
Defense Arguments
Defendants argued that they should have been allowed to assert privileges given in the
Fifth Amendments which were not given to them. There was perjury of Geronimo’s
testimony. The right to peremptory challenges which safeguard the laws of fair trial was not
given to them. Under Section 3432 of Title 18, an individual charged with treason or capital
offences should get whole three days before the commencement of trial so that defendant and
the government can get to know about the jurors and their address.
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Nicky Barnes
In the beginning of 21st century, many crime families in New York and Chicago were
on the verge of extinction thought they are not completely wiped out. Law enforcement
agencies are making steady progress against organised crime. The remaining criminals are
mostly engaged in illegal gambling. After the commencement of RICO act, there is
significant decline in organised crime activities (Racketeer Influenced and Corrupt
Organizations Act (RICO), 2019).
President’s Commission
President’s commission on organised crimes was an intergovernmental body
established by then President Ronald Reagan in 1984. Irving Kaufman headed it. Its focus
was on restriction and finding out the role of foreign government and commercial airlines.
Cocaine was the most smuggled drug in the 1980s in the United States and it was necessary
that it should be stopped as it was influencing lot of youths. 4.2 million people were
consuming cocaine alone in the US (Hasson, 1884). By the President’s Commission, the trade
of Barnes through the flight was restricted and he was forced to use other modes to transport
the drugs. Barnes was having contact everywhere in the city of New York so and he was the
main kingpin of drug trafficking. He found the other ways of transporting drugs into the city.
Enforcement agencies’ were focusing on Barnes business and other small drug dealers took
advantage of the situation. Eventually, the crime syndicate is in the verge of extinction due to
collaboration of government, enforcement agencies and police (The Demise of the Mafia,
2109).
Bibliography
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Nicky Barnes
AMERICAN GANGSTER (2007). (2019). Retrieved from History vs Hollywood:
http://www.historyvshollywood.com/reelfaces/americangangster.php
Arsovska, J., & Allum, F. (2014). Introduction: Women and Transnational Organized Crime.
Retrieved from University of Bath:
https://purehost.bath.ac.uk/ws/portalfiles/portal/122463753/introductionlatest_4_kvl.p
df
Article 6- No Title. (1977, June 5). Retrieved from The New York Times:
https://www.nytimes.com/1977/06/05/archives/article-6-no-title-nicky-barnes.html
Hasson, J. (1884, November 26). The President's Commission on Organized Crime will open
three... Retrieved from UPI: https://www.upi.com/Archives/1984/11/26/The-
Presidents-Commission-on-Organized-Crime-will-open-three/3598470293200/
Lubasch, A. H. (1977, March 17). U.S. JURY INDICTS 18 ON HEROIN CHARGE. Retrieved
from The New York Times: https://www.nytimes.com/1977/03/17/archives/us-jury-
indicts-18-on-heroin-charges-gang-said-to-sell-almost-a.html
Major Issues in Organised Crime Control. (1986, September 25). Retrieved from National
Institute of Justice: https://www.ncjrs.gov/pdffiles1/Digitization/106775NCJRS.pdf
'Mr. Untouchable' Goes to Jail. (2019). Retrieved from The Washington Post:
https://www.washingtonpost.com/archive/politics/1978/01/25/mr-untouchable-goes-
to-jail/8ef14d40-a17a-4c55-a684-f6a6456c39c6/?utm_term=.8943bdb6bce5
Racketeer Influenced and Corrupt Organizations Act (RICO). (2019). Retrieved from NOLO:
https://www.nolo.com/legal-encyclopedia/content/rico-act.html
Sullivan, C. (2017, 12 28). The Long Rise and Fast Fall of New York’s Black Mafia.
Retrieved from Daily Beast: https://www.thedailybeast.com/the-long-rise-and-fast-
fall-of-new-yorks-black-mafia
The Demise of the Mafia. (2109, February 22). Retrieved from History:
https://www.history.com/topics/crime/the-demise-of-the-mafia
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