United States v. Schweihs

971 F.2d 1302 (7th Cir. 1992)

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Nature of the Case

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Facts

Wemette was the owner of an adult video store in Chicago. He had a business assistant and friend by the name of Leonard Cross who lived with him. From about 1974 to 1988, Wemette and Cross paid 'street tax' to members of the Chicago 'Outfit,' an organized crime group. In 1984, Wemette's business was having financial difficulties, but Amato, 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. In 1984, Wemette's business was having financial difficulties, but Amato, 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 Schweihs (D). Schweihs (D) arranged for a new person, Daddino (D), to begin collecting the 'street tax' payments. Daddino (D) collected $ 1,100 per month from Wemette and Cross. In 1987, Wemette contacted the FBI. Wemette agreed to work undercover for the FBI and record his conversations with Ds. Wemette, at the direction of the FBI, refused to make any further payments to Daddino (D) until his protests about his competitor's expansion were heard by someone higher up in the 'Outfit.' Daddino (D) advised him against withholding the payments and warned him that he might not like the next guy that came to collect. Schweihs (D) then began to collect the monthly payments. from Wemette and Cross. When Schweihs came to their apartment to collect the tax, Schweihs (D) often discussed the possibility of expanding or moving Wemette's business and making himself a partner in that business. On numerous occasions, Schweihs mentioned his connections with the 'Outfit.' Ds were convicted. Daddino (D) challenges the district court's refusal to give two of his proposed jury instructions, one on withdrawal from the conspiracy and the other on the elements of extortion.