G. Robert Blakey

G. Robert Blakey
Born	(1936-01-07) January 7, 1936 (age 88) Burlington, North Carolina
Nationality	American
Citizenship	United States
Education	University of Notre Dame (BA, JD)
Occupation	Law professor
Employer	Notre Dame Law School
Known for	Racketeer Influenced and Corrupt Organizations Act (RICO)
Spouse	Elaine Menard ​ ​ (m. 1958;died 2002)​
Children	8
Relatives	18 grandchildren, 2 great grandchildren
Notes
[1] [2] [3]

George Robert Blakey (born January 7, 1936) is an American ^[3] attorney and emeritus law professor. He is best known for his work in connection with drafting the Racketeer Influenced and Corrupt Organizations Act and for scholarship on that subject.

Education and family

Blakey, an American Catholic of Irish descent, ^[3] was born in Burlington, North Carolina. He graduated from the University of Notre Dame in 1957, earning a degree in philosophy with honors, and was elected to Phi Beta Kappa. He then attended Notre Dame Law School, where he was an associate editor of the Notre Dame Law Review and was awarded a J.D. 1960. ^[1]

In April 1958, during his first year of law school, Blakey married Elaine Menard, a graduate of St. Mary's College. The couple had 8 children, and remained married until her death in 2002. ^[2] He is the father of John Robert Blakey, a United States District Judge of the United States District Court for the Northern District of Illinois, who was formerly chief of the Special Prosecutions Bureau for the Cook County State's Attorney and a special assistant attorney in the United States District Court for the Northern District of Illinois. ^[4]

RICO and other legislation

Under the close supervision of Senator John Little McClellan, the Chairman of the committee for which he worked, Blakey drafted the "RICO Act," Title IX of the Organized Crime Control Act of 1970, signed into law by Richard M. Nixon. ^[1] While in law school, Blakey edited a student note on the unsuccessful prosecution of attendees at the Apalachin Meeting, which first sparked his interest in organized crime; he also wrote a note that analyzed civil liberties in the union movement. ^[5] In 1960, after law school, Blakey joined the United States Department of Justice under its Honor Program, and he became a Special Attorney in the Organized Crime and Racketeering Section of the Criminal Division of the department. After Robert F. Kennedy became Attorney General, the department began a major effort to bring criminal prosecutions against organized crime members, corrupt political figures, and faithless union officials. The Section assigned Blakey to the effort. ^[6] He remained at Justice until 1964, leaving the summer after the November 1963 assassination of John F. Kennedy. ^[1]

Subsequently, numerous states passed racketeering legislation with Blakey's assistance modeled on the federal statute. In addition, under the close supervision of McClellan, Blakey also drafted Title III on wiretapping of the Omnibus Crime Control and Safe Streets Act of 1968. Numerous states, too, have wiretapping legislation modeled on the federal statute, and Blakey aided in those efforts. It is suspected, especially among those in the Italian American community, that Blakey intentionally arrived at the acronym RICO as a left-handed slight at the Italian American ethnicity, since the 'mafia' was a principal target of the law. "Rico" is a well known nickname for "Enrico," the Italian version for Henry and a popular name among Italian American immigrants. Additionally, "Rico" was the name of an Italian American mobster in the 1930 gangster movie "Little Caesar," from which Blakey may have derived the name. ^[7]

Assassinations committee

Blakey was a Notre Dame law professor from 1964 to 1969, when he returned to Washington as Chief Counsel of Subcommittee on Criminal Laws and Procedures of the Senate Judiciary Committee. John Little McClellan was the Chairman of the Subcommittee. ^[8] Blakey credits the success of his drafting work to the dedication to needs of law enforcement, the understanding of the drafting and the processing of legislation, and basic sense of fairness of McClellan as well as the extraordinary confidence other members of the Senate placed in McClellan. Only he could have seen to the successful completion of Blakey's handiwork; if Blakey was its draftsman, McClellan was its architect and master builder.

During 1967, he was a Consultant on organized crime to the President's Commission on Law Enforcement and the Administration of Justice; Lyndon B. Johnson created the commission to examine crime in America. It recommended, among other measures, new racketeering and wiretapping legislation.

Blakey was Chief Counsel and Staff Director to the U.S. House Select Committee on Assassinations from 1977 to 1979, which investigated the assassinations of John F. Kennedy and Martin Luther King Jr. under the direction of Louis Stokes. Blakey also helped Stokes draft the President John F. Kennedy Assassination Records Collection Act of 1992. He and Richard Billings, the editor of the final report of the committee, would later write two books about the assassination.

Supreme Court appearances

In Blakey's first appearance before the United States Supreme Court, he filed a brief on behalf of the Attorneys General of Massachusetts and Oregon and the National District Attorneys Association in the case of Berger v. New York (1967), which dealt with wiretapping. He argued on behalf of the Securities Investor Protection Corporation in what became Holmes v. SIPC (1992); he argued on behalf of anti-abortion activist Joseph Scheidler in what became Scheidler v. National Organization for Women (2006), and he argued on behalf of the beneficiaries of insurance policies in what became Humana, Inc. v. Forsyth (1999).

Teaching

Blakey served as a law professor at Notre Dame Law School from 1964 to 1969. From 1973 to 1980, he served as a law professor at Cornell Law School, and was director of the Cornell Institute on Organized Crime. In 1980, Blakey returned to teaching law at Notre Dame, and in 1985 was named the William J. and Dorothy K. O'Neill Professor of Law there. ^[1] Blakey retired from teaching in 2012 and received emeritus status with Notre Dame Law School. ^[9]

Whistleblowing and Bar Discipline

In Fall 2007 Professor Blakey contacted New York Times reporter David Cay Johnston regarding allegations of fraud involving General Electric made by a former student, Adriana Koeck. ^[10] While the Times declined to publish Johnston's article, he received permission from the Times to publish elsewhere, and the story was published on June 30, 2008, in Tax Notes International. ^[11] The article outlined allegations against the company's Lighting subsidiary in Brazil of tax fraud through Value-Added Tax (VAT) evasion of potentially up to $19 million. ^[11] Johnston references opinion letters from Brazilian lawyers commissioned by GE, who warned the company of "criminal tax implication" and potential charges of tax evasion, labor tax fraud, and collusion among other crimes. ^[11] Additionally, the article highlights the existence of previous whistleblowers who expressed fear for their safety and that of their families against violent retaliation in related tax matters regarding GE's Brazil operations. ^[11] Johnston's allegations led to General Electric being listed in Multinational Monitor's 10 Worst Corporations list for 2008. ^[12]

In October 2015, professor emeritus Blakey was issued an Informal Admonition, the lowest form of discipline possible, by the D.C. Office of Bar Counsel as a result of charges made against him for disclosing confidential documents of the General Electric company to Johnston. ^[13] In addition to Johnston, these documents were shared by professor Blakey and Koeck with the United States Department of Justice, federal prosecutors in Brazil, the United States Securities and Exchange Commission. ^[10] Blakey told the Bar Counsel office that he believed that the documents could be disclosed because they were covered by a crime/fraud exception to rules forbidding lawyers from disclosing clients' confidential information. ^[14] Whistleblower lawyers have drawn parallels between this case and that of Thomas Tamm, a former attorney for the Department of Justice who was charged with calling a reporter from a pay phone to publicize the federal government's program of illegal wiretapping. ^[15]

The repercussions of the actions of Blakey extend far beyond the initial disclosure. Blakey's work influenced Brazilian Act 12.850 which empowered Brazilian law enforcement to investigate criminal organizations in the country. ^[16] In his 2018 Notre Dame commencement address, Brazilian Judge Sérgio Moro accentuated the global resonance of Blakey's contributions, highlighting Blakey's influence in prosecuting organized crime and corruption, and shaping Moro's own efforts in leading Operation Car Wash in 2015. ^[17] Blakey's influence on Brazilian anti-corruption efforts through his RICO legislation have resulted in the implication of former Presidents, cabinet officials, and dozens of members of congress. ^[18]

Selected publications

• Blakey, G. Robert (February 1964). "Rule of Announcement and Unlawful Entry: Miller v. United States and Ker v. California". University of Pennsylvania Law Review . 112 (4): 499–562. doi:10.2307/3310634. ISSN   0041-9907. JSTOR   3310634. OCLC   2359920.
• —; Kurland, Harold A. (August 1978). "Development of the Federal Law of Gambling". Cornell Law Review . 63 (6): 923–1021. ISSN   0010-8847. OCLC   1565116.
• —; Goldstock, Ronald (1978). Techniques in the Investigation and Prosecution of Organized Crime: Manuals of Law and Procedure. Ithaca, New York: Cornell Institute on Organized Crime. OCLC   4049476.
• —; Billings, Richard N. (1980). The Plot to Kill the President (2d ed.). New York: Times Books. ISBN   0-8129-0929-1.
• —; Perry, Thomas A. (April 1990). "An Analysis of the Myths That Bolster Efforts to Rewrite RICO and the Various Proposals for Reform: 'Mother of God—Is This the End of RICO?'". Vanderbilt Law Review . 43 (3): 851–1101. ISSN   0042-2533. OCLC   1768951.
• —; Billings, Richard N. (1992). Fatal Hour: The Assassination of President Kennedy by Organized Crime. New York: Berkley Books. ISBN   0-4251-3570-5.
• —; Murray, Brian J. (2002). "Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law" (PDF). BYU Law Review . 2002 (4): 829–1130. ISSN   0360-151X. OCLC   2243706.

Notes

1. Blakey, G. Robert (July 27, 2005). "Curriculum vitae" (PDF). Retrieved March 6, 2009.
2. "Elaine Menard Blakey". The Daily Gazette . Schenectady, New York. 2002-12-08. p. B8. Retrieved 12 December 2012.
3. Mansnerus, Laura (30 January 1994). "When Is Protest Not Protest? When You Call It Extortion". New York Times . p. E4.
4. Skiba, Katherine (August 5, 2014). "Obama nominates 2 veterans of 26th & Cal as judges". Chicago Tribune . Chicago. Retrieved November 23, 2014.
5. ( Blakey 2006 , n. 30)
6. ( Blakey 2006 , p. 11)
7. Ciolli, Rita. "Verdict Rekindles Debate Over Racketeering Law." [New York] Newsday. 12 December 1988 (p. 3). Power, William. "This Certainly Takes All the Fun Out of Watching 'Little Caesar'." The Wall Street Journal. 22 August 1988.
8. ( Blakey 2006 , pp. 14–18)
9. Blakey, G. Robert, "Professor G. Robert Blakey, Diploma Ceremony Address" (2012). Commencement Programs. 20.Blakey, G. (19 May 2012). "Professor G. Robert Blakey, Diploma Ceremony Address". Commencement Programs. Archived from the original on 10 March 2024. Retrieved 10 March 2024.
10. "In re G. Robert Blakey, Esquire" (PDF). The American Lawyer . Archived (PDF) from the original on October 2, 2017. Retrieved 2024-03-10.
11. Johnston, David Cay (June 30, 2008). "Blame It on Rio: GE's Brazilian Headache". Tax Notes International . Retrieved March 10, 2024.
12. Weissman, Robert (November–December 2008). "The System Implodes: The 10 Worst Corporations of 2008". Multinational Monitor . Archived from the original on January 5, 2009. Retrieved March 10, 2024.
13. Tillman, Zoe (November 23, 2015). "Prominent Law Prof Sanctioned For D.C. Ethics Violation". The National Law Journal . Archived from the original on November 9, 2020.
14. Rubino, Kathryn (December 11, 2015). "Emeritus Law Professor Sanctioned Over The Disclosure Of Documents". Above the Law .
15. "Whistleblower Lawyers Counterattack Against DC Disciplinary Counsel". 15 February 2016.
16. Soares, Eduardo (Aug 12, 2013). "Brazil: New Law Defines "Criminal Organization" and Provides for Investigatory and Other Procedures". Global Legal Monitor . Archived from the original on January 17, 2022. Retrieved March 10, 2024.
17. Moro, Sérgio, "Judge Sérgio Moro: 2018 Commencement Address" (May 20, 2018). Notre Dame News. "Judge Sérgio Moro: 2018 Commencement Address". Notre Dame News. 20 May 2018. Archived from the original on 1 April 2020. Retrieved 10 March 2024.
18. "Operation Car Wash". Harvard Law School Center on the Legal Profession. September–October 2018. Archived from the original on September 29, 2023. Retrieved March 10, 2024.

References

• Blakey, G. Robert (2006-06-01). "RICO: The genesis of an idea". Trends in Organized Crime . 9 (4): 8–34. doi:10.1007/s12117-006-1011-x. S2CID   145246276.

Further reading

• "Interview:G Robert Blakey". Frontline . Retrieved 2006-11-25.
• Lapan, Tovin (22 November 2012). "On anniversary of JFK assassination, investigator looks back". Las Vegas Sun . Retrieved 19 December 2012.
• Raab, Selwyn (2006). Five families: The Rise, Decline, and Resurgence of America's Most Powerful Mafia Empires (1st ed.). New York: Thomas Dunne Books. ISBN   978-0-3123-6181-5.