actually the easiest to get him on is wire fraud, (false press releases) mail fraud (all he had to do is email someone mentioning the fraud) and of course falseafing a federal document (one error on a SEC report). But the main part of R.I.C.O is that the crime has to be ORGANIZED so there has to be someone that was part of the crime to testify that there were discusions on what to do and that they went threw with at least one of the things discussed. (ie more than one person working on the fraudlent pr and then releasing the fradulent pr)
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