Report on the Bronx 120 Mass 'Gang' Prosecution

Abstract

In recent years, takedowns of gangs and crews in New York City have led to mass prosecutions of multiple defendants for conspiracy and RICO (Racketeering Influenced Corrupt Organization Act) conspiracy charges. While the takedowns are generally accompanied by intensive media coverage, information about the charges, process, and allegations against individuals caught up in these takedowns is not readily accessible.

This report looks into the court records of the largest of the mass gang prosecutions — the takedown of the Bronx 120 in April of 2016.

In the pre-dawn hours of April 27, 2016, nearly 700 officers in riot gear descended upon Eastchester Gardens and the adjoining neighborhood along White Plains Road. The officers were from the NYPD, ATF, DEA, and Homeland Security. Helicopters hovered overhead as armed SWAT teams used battering rams to execute no-knock warrants. They were arresting defendants charged in twin conspiracy indictments. The defendants and the raid have come to be known as the Bronx 120 for the 120 defendants named in the indictments. Preet Bharara, then-United States Attorney for the Southern District of New York, announced that the raid was believed to be the “largest gang takedown in New York City history.”

The report concludes that nearly half of the 120 individuals targeted in these “gang” indictments were not alleged to be gang members by the prosecution, two-thirds of the defendants were not convicted based on violent conduct (including 35 for who were convicted based on marijuana sales), and two-thirds of defendants had no prior felony record, and nearly half were re-prosecuted for conduct previously adjudicated in state courts. Although many of the defendants were not violent gang members, the vast majority (101 of the 120) were held without the possibility of bail, and 15 of the 19 who were released were subject to house arrest. Further, these mass indictments fail to safeguard the public’s interest in transparency and speedy trial.

Keywords: gang, RICO, mass indictments, conspiracy, bail, speedy trial, prosecutorial misconduct

JEL Classification: K14, K41, K42