DATE NAME OF CASE (DOCKET NUMBER)
09-10-09 STATE v. AURELIO RAY CAGNO A-7021-03T4
A RICO conspiracy must continue to within five years of the indictment, but there is a presumption that
the conspiracy continues when a member of an organized crime family is involved, and the State does
not have to prove that an overt act occurred within the five year period. In any event, in this case a
Family member's refusal to testify over a grant of immunity and signal of "thumbs up" to defendant as
he left the courtroom at defendant's first trial can be considered overt acts in a superseding indictment.
Edited by Umair Hussain
