ALSO KNOWN AS RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO), IT IS THE MOST SWEEPING STATUTE EVER PASSED BY CONGRESS, INCORPORATING BY REFERENCE 24 SEPARATE TYPES OF FEDERAL CRIMES AND EIGHT TYPES OF STATE FELONIES. WHILE NOT CREATING A NEW TYPE OF SUBSTANTIVE CRIME, RICO DECLARES THAT ANY INDIVIDUAL COMMITTING ANY TWO OF A VARIETY OF SPECIFIED OFFENSES IS GUILTY OF 'RACKETEERING ACTIVITY' AND IS SUBJECT TO SEVERE PENALTIES. RICO HAS BEEN SUBJECT TO FOUR CONSTITUTIONAL CHALLENGES ON THE GROUNDS OF VAGUENESS, LACK OF AUTHORITY UNDER THE COMMERCE CLAUSES, VIOLATION OF THE PROHIBITION AGAINST EX POST FACTO LAWS, AND VIOLATION OF THE PROTECTION AGAINST DOUBLE JEOPARDY; NONE OF THESE CHALLENGES HAS BEEN SUSTAINED. DISMISSAL OF CHARGES HAS BEEN ARGUED BY SEVERAL DEFENDENTS INDICTED UNDER RICO ON THE GROUNDS THAT THE STATUTE WAS INTENDED TO APPLY ONLY TO PERSONS INVOLVED IN 'ORGANIZED CRIME.' A CLOSE SCRUTINY OF RICO'S LANGUAGE AND LEGISLATIVE HISTORY, HOWEVER, SHOWS THAT RICO PROSCRIBES SPECIFIC ACTIVITIES RATHER THAN THE STATUS OF BEING INVOLVED IN ORGANIZED CRIME. TWO KEY ELEMENTS NECESSARY TO OBTAINING A CONVICTION UNDER RICO ARE A 'PATTERN OF RACKETEERING ACTIVITY' AND THE EXISTENCE OF AN 'ENTERPRISE' WITH WHICH THE INDIVIDUAL HAS SOME CONNECTION. INTERPRETATION OF THESE ELEMENTS BY THE COURTS HAS BROADENED THE SCOPE OF RICO TO INCLUDE EVEN THOSE ACTS WHICH ARE SO CLOSELY LINKED AS TO CONSTITUTE A SINGLE TRANSACTION AND TO APPLY TO ILLEGAL ENTERPRISES, GOVERNMENTAL UNITS, FOREIGN CORPORATIONS, AND INDIVIDUALS. THERE ARE THREE PENALTIES FOR VIOLATION OF RICO, ALL OF WHICH MAY BE USED SIMULTANEOUSLY. THESE ARE A FINE OF NOT MORE THAN $25,000, IMPRISONMENT FOR NO MORE THAN 20 YEARS, AND FORFEITURE OF ANY INTEREST ACQUIRED OR MAINTAINED THROUGH VIOLATION OF THE STATUTE. THESE PENALTIES ARE SEVERE, AND IN MANY CASES EXCEED THE PENALTIES FOR THE INDIVIDUAL CRIMES UNDERLYING THE RICO VIOLATION. RICO ALSO HAS PROVISION FOR CIVIL REMEDIES AND DISCOVERY MODELED AFTER ANTITRUST LAWS. IT IS SUGGESTED THAT THE BROAD SCOPE AND SEVERITY OF THE PENALTIES GIVE RICO GREAT POTENTIAL FOR ABUSE, PARTICULARLY AS THE STATUTE MAKES NO DISTINCTION BETWEEN SERIOUS AND RELATIVELY MINOR OFFENDERS. RESTRICTION OF RICO TO ONLY MORE SERIOUS CRIMES IS RECOMMENDED. (JAP)