NCJ Number
178097
Journal
American Criminal Law Review Volume: 36 Issue: 3 Dated: Summer 1999 Pages: 1035-1094
Date Published
1999
Length
60 pages
Annotation
This article reviews the case law regarding prosecutions for white-collar crimes under the Racketeer Influenced and Corrupt Organizations Act (RICO), with emphasis on the elements of a RICO offense, the potential defenses against RICO prosecutions, criminal penalties for RICO violations, civil RICO, and recent developments related to RICO.
Abstract
The six elements of a RICO offense are: (1) two or more predicate acts of racketeering activity, (2) pattern, (3) enterprise, (4) effect on interstate commerce, (5) prohibited acts, and (6) scope of outsider liability. The two most controversial elements of RICO continue to be the pattern and enterprise requirements. The five types of defenses to a RICO charge relate to the invalidity of one or more of the predicate acts supporting the prosecution, the statute of limitations on RICO actions, horizontal preemption, reverse vertical preemption, and unconstitutionality. Penalties include fines, imprisonment, and mandatory asset forfeiture. RICO also provides for private civil actions. Recent developments in the RICO statute include legislative and judicial developments and cases in 1998 that address multiple RICO issues. Footnotes