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Forfeiture of Profits Under the Racketeer Influenced and Corrupt Organizations Act - Enabling Courts to Realize RICO's Potential

NCJ Number
95541
Journal
American University Law Review Volume: 33 Issue: 3 Dated: (Spring 1984) Pages: 747-774
Author(s)
S D Kaplan
Date Published
1984
Length
28 pages
Annotation
In Russello v. United States, the U.S. Supreme Court correctly interpreted the forfeiture provision of the Racketeer Influenced and Corrupt Organizations Act (RICO) to include profits and proceeds acquired through a violation of that statute.
Abstract
Although courts traditionally have used proceedings against property rather than against persons, they have not hesitated to use forfeitures to punish criminal activity. As a result, no historical justification exists for conservatively construing RICO's in personam forfeiture provision to exclude illegally acquired profits and proceeds on the premise that their inclusion would constitute punishment. The plain meaning of the term 'interest' and Congress's desire to eliminate the economic bases of organized criminal operations support a broad interpretation of section 1963 of the law. The Court's decision to allow courts to require the forfeiture of profits has significantly strengthened the remedies that law enforcement agencies and courts can use to curb organized crime. Courts may and should, however, exercise discretion in fashioning their forfeiture orders to distinguish among the variety of potential RICO violations and allow the seizure of illegally acquired profits only in cases in which defendants use these profits to sustain illegal enterprises or to perpetuate criminal activity. A total of 190 footnotes are supplied. (Author summary modified)