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NCJ Number: 119256 Find in a Library
Title: Section 12.02: RICO (Racketeer Influenced and Corrupt Organizations) Forfeitures, (From Contemporary Federal Criminal Practice: Volume 2 of The Comprehensive Crime Control Act of 1984, P 591-622, 1988, B. James George, Jr. -- See NCJ-119253)
Author(s): B J George Jr
Date Published: 1988
Page Count: 32
Sponsoring Agency: Prentice Hall Law and Business
Clifton, NJ 07013
Sale Source: Prentice Hall Law and Business
855 Valley Road
Clifton, NJ 07013
United States of America
Type: Legislation/Policy Description
Language: English
Country: United States of America
Annotation: This section details legislative changes made to forfeiture provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) by the Federal Comprehensive Crime Control Act of 1984 (CCCA).
Abstract: The CCCA makes clear that illicit profits from racketeering and organized crime are subject to forfeiture and identifies what a convicted offender must forfeit without regard to State law provisions. Additionally, the 1984 law: (1) creates procedures to defeat or frustrate transfers to avoid forfeiture; (2) makes clear the basis on which restraining orders can be issued; (3) permits, under certain conditions, preindictment restraining orders; (4) allows the retroactive voiding of preconviction transfers of forfeitable assets; and (5) allows, at the time of conviction, forfeiture of substitute assets when the property originally subject to forfeiture has become unavailable. The statute defines such terms as property and racketeering activity and identifies procedural requirements of an order of forfeiture. Judicial proceedings for seizing forfeited property, providing notice of a forfeiture order, and preserving third-party interests are detailed. Procedures for disposing of forfeited property are outlined, and the constitutional issues surrounding the forfeiture of attorney's fees under RICO are discussed in detail. 274 footnotes.
Main Term(s): Forfeiture law
Index Term(s): Crime Control Act of 1984; Racketeer Influenced and Corrupt Organizations (RICO) Act
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