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The racketeering motif relates to the theme of Injustice in the Justice System. The FBI engages in a version of racketeering when they set up people like Malcolm and the Carter family. Their use of deception and suppression of evidence to get convictions is another variation. In their case, the end is not money but other rewards like prestige, professional advancement, power, and the thrill of the hunt.
Malcolm, while technically involved in money laundering, was at least morally innocent. Having already been convicted, Malcolm has now decided to commit the crime of racketeering consciously in his underhanded bid for a belated sense of justice. He sets up a web of interconnected con games (also considered to be a form of racketeering) and lures the FBI into his trap. His first con is the one in which he and Quinn set up the false accusation and confession that gets Malcolm released from prison using Rule 35. The internal nested sting is arranged to force Nathan Cooley to reveal the location of the judge’s gold. Once that is accomplished, Malcolm runs another game, using Nathan’s capture to leverage Quinn’s release via Rule 35 before the conspirators escape with the gold.
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