Yazan Al-Madani v. United States
DueProcess
Whether an entity can be both an 'enterprise' and a 'victim' under RICO
QUESTIONS PRESENTED FOR REVIEW Question One: Whether under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) an entity can be both an “enterprise” and a “victim” — when it profited from the alleged fraudulent act. Question Two: Whether an unelected physician, with no governmental authority whatsoever, can qualify as a “public official” under the Hobbs Act; and if so, whether reducing the number of days an employee is required to work, but not their hours, constitutes an “official act”. Question Three: Whether a loss-calculation error at sentencing should be considered harmless when the error deprives the defendant from seeking meaningful appellate review. Question Four: Whether the United States was required to prove an unauthorized intent to defraud in counts of the Indictment that did not contain a specific mens rea element.