Racketeering, MCL 750.159i

Criminal Law Update

People v Lowery,274 Mich App684 (2007)(march'07). After the district court refused to bind over on multiple charges, and the circuit court affirmed this refusal, where defendant ran a pub where drug sales were being conducted, the court of appeals reversed and remanded for reinstatement of all charges against defendant. Witness testimony placed defendant in close proximity to drug sales at his establishment. Other testimony tended to prove that defendant allowed the pub office to operate as a drug storage facility. Thus, despite the fact that no one saw defendant make any drug sales, the testimony at exam "does give rise to reasonable inferences that defendant knowingly controlled the pub for use in enterprise operations." The cocaine sales fell within the definition of "racketeering" and the testimony developed the necessary pattern. The exam testimony established probable cause to believe that defendant committed each element of the racketeering charge and the case should have been bound over. The court also held that conspiracy and delivery charges (on an aiding and abetting theory) were sufficiently established for bindover.