RICO forfeiture provisions forfeit capital interests in corporations and partnerships. Currently, RICO provisions can be interpreted to authorize forfeiture of a defendant's entire enterprise regardless of the amount of illicit profits or the seriousness of the crime. Under existing case law, a Federal district court has no statutory base or discretion to calibrate the enterprise interest forfeiture and thus, a defendant's interest could be forfeited even though racketeering played only a small part in acquiring or maintaining that interest. Courts have observed in dicta that disproportionately large RICO forfeitures constituted cruel and unusual punishment under the eighth amendment. The challenge for Congress and the courts is to devise a statutory or constitutional method by which the most serious RICO sanctions are applied only to the most serious crimes. 25 footnotes.