Horizontal and Vertical Enterprises Sample Clauses

Horizontal and Vertical Enterprises. OCC indictments often relied on multiple criminal enterprises. In some cases, the enterprises were pleaded horizontally, with no relationship to each other. The Milch indictment is an example: Count 1 alleged that the defendant was connected to “plans and enterprises involving slave labor and deportation to slave labor,” while Count 2 alleged that the defendant was connected to unrelated “plans and enterprises involving medical experiments without the subjects‟ consent.”38 In other cases, the criminal enterprises were pleaded vertically, nesting a series of smaller, interrelated enterprises inside of a larger, overarching one. The RuSHA indictment alleged, for example, that the defendants had participated in the Nazis‟ “systematic program of genocide” through their connection to “plans and enterprises” involving, inter alia, kidnapping the children of Eastern workers, Germanization of enemy nationals, and persecuting Jews.39 Similarly, the indictment in the Justice case operationalized the “nationwide government-organized system of cruelty and injustice” by alleging that the defendants were connected to various aspects of that system, such as the Night and Fog program or the enforcement of the Law against Poles and Jews.40 34 Justice, III TWC 985. 35 RuSHA, V TWC 96. 36 Xxxx, V TWC 969. 37 Id. at 1173, Supplemental Judgment. 38 Milch, Indictment, paras. 1, 8, II TWC 360, 362. 39 RuSHA, Indictment, para. 2, IV TWC 609. 40 Justice, Indictment, para. 11-15, III TWC 20-22. The OCC‟s rationale for pleading such vertically-nested criminal enterprises was clear: it wanted to use proof that a defendant was involved in a small enterprise to hold him responsible for participating in the overarching one. That strategy, however, was only partially successful. Some tribunals accepted it. The Justice tribunal, for example, specifically held that “[t]he record is replete with evidence of specific criminal acts, but they are not the crimes charged in the indictment. They constitute evidence of the intentional participation of the defendants and serve as illustrations of the nature and effect of the greater crimes charged in the indictment.”41 The Tribunal thus convicted Xxxxxxxxxxxx for taking part in the “system of cruelty and injustice” because he had taken a consenting part in the Night and Fog program.42 Similarly, the Ministries tribunal held Xxxx responsible the Nazis‟ “program of extermination” because he had participated in Action Xxxxxxxxx. As the Tribunal noted,...