Tag: catholic church

The Department of Justice has launched an investigation of child sex abuse within Pennsylvania’s Roman Catholic Church, sending subpoenas to dioceses across the state seeking private files and records to explore the possibility that priests and bishops violated federal law in cases that go back decades, NPR has learned.

In what is thought to be the first-ever such inquiry into the church’s clergy sex-abuse scandal, authorities have issued subpoenas to look into possible violations of the federal Racketeering Influenced and Corrupt Organizations statute, also known as RICO, according to a person close to the investigation who spoke on the condition of anonymity.

The source did not elaborate on what other potential federal crimes could be part of the inquiry, which could take years and is now only in its early stages.

RICO has historically been used to dismantle organized-crime syndicates.

Officials at six of Pennsylvania’s eight dioceses — Philadelphia, Pittsburgh, Allentown, Erie, Scranton and Harrisburg — have confirmed to NPR that they have recently received and are currently complying with federal subpoenas for information. The two remaining dioceses did not return requests for comment.

A Justice Department representative in Washington, D.C., would neither confirm nor deny the existence of the investigation.

Legal experts said accruing enough evidence to build a RICO case against the Roman Catholic Church — basically treating the influential institution as a crime syndicate — will be a burdensome task.

Hamilton of Child USA, for one, said she thinks using federal RICO as a weapon against the church would be a stretch, since the 1970 law is not designed to deal with problems such as sex abuse and other personal injury cases. Instead, she said, most RICO cases involve financial crimes. “I hope that they can find a way to make it fit, but it will be challenging,” she said.

However, Hamilton said a federal statute called the Mann Act, which prohibits moving people across state lines for the purpose of illegal sex acts, could be a more promising legal avenue.

“As we know, there have been plenty of priests who took children across state lines,” she said.

Tobias, the law professor who specializes in federal courts, said whatever comes of the investigation, the issuing of the subpoenas has likely sent a jolt across the country. If the inquiry of the Pennsylvania church results in criminal charges, it could be used as a road map for federal prosecutors hoping to pursue abusers in other states.

“Pennsylvania might be the first state where the federal government does this,” Tobias said. “But then they build on the lessons they’ve learned there, as DOJ often does when they have a national issue, and go to the other states and use that template again.”

Article via NPR