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Criminal Law Keyed to Ohlin
United States v. Schweihs
Citation:
971 F.2d 1302 (1992)Facts
William Wemette was the owner of an adult video store in Chicago. From 1974 to 1988, he was forced to pay “street tax” to a crime group that would apparently harm anyone who would not pay.
Wemette’s business was having financial difficulties, but the current “street tax” collector informed Wemette that if he did not pay the tax, his business would be shut down possibly by an accident or a fire. Wemette complained to other organized crime figures and was told to contact Frank Schweihs. He met with Schweihs and Schweihs arranged for a new person, Anthony Daddino, to begin collecting the “street tax” payments. Thereafter, they collected $ 1,100 per month from Wemette.
Eventually, Wemette contacted the FBI and agreed to work undercover and record his conversations with Schweihs and Daddino. Schweihs told Wemette to tell Daddino to not come to his place anymore. Daddino told him “okay buddy” and was never seen by Wemette again. Instead, Schweihs came to Wemette’s apartment to collect the tax.
Daddino was convicted of a conspiracy. He appealed, arguing that the withdrawal defense should have been made available to him because his last conversation with Wemette constituted a withdrawal sufficient to entitle him to it.
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