NCJ Number
126272
Date Published
1990
Length
38 pages
Annotation
The Racketeer Influenced and Corrupt Organizations (RICO) Act expressly prohibits four business activities: investing income from a pattern of racketeering in an enterprise, acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity, conducting an enterprise through a pattern of racketeering activity, and conspiring to violate the above provisions. Although RICO has been used by civil plaintiffs against legitimate businesses that gives rise to a movement to reform the legislation, it is likely that white-collar crimes will continue to be prosecuted under its provisions for the foreseeable future.
Abstract
The elements of a RICO offense are the existence of an enterprise, the effect of the enterprise upon commerce, the defendants' commission of predicate acts, the establishment of a pattern of racketeering activity, and commission of activities prohibited by RICO. Two articles in RICO, which provide for criminal forfeiture and forfeiture of attorneys' fees, have been controversial and widely interpreted by the courts. The Federal government's use of civil RICO provisions is discussed in terms of the difference between criminal RICO and civil RICO, the difference between private civil RICO litigation and civil RICO actions brought by the government, and the civil remedies available to the Federal government. 198 notes