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NCJRS Abstract

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NCJ Number: 119576 Find in a Library
Title: Functions of the RICO Enterprise Concept
Journal: Notre Dame Law Review  Volume:64  Issue:4  Dated:(1989)  Pages:646-721
Author(s): T S O'Neill
Date Published: 1989
Page Count: 76
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: The history and development of the RICO (Racketeer Influenced and Corrupt Organization) enterprise concept are examined to illustrate how the central idea behind RICO drives the statute toward its remedial goals.
Abstract: The RICO statute encompasses a wide variety of enterprises, from diverse and hierarchical criminal entities typified by the Mafia to legitimate entities such as individuals, governments, and associations that display similar structure and organization. Litigators should carefully construct RICO around an appropriate enterprise element. The enterprise provides prosecutors and plaintiff attorneys with the procedural and remedial tools to make their litigation effective. The enterprise also offers defense counsel, both criminal and civil, various possible objections to poorly constructed indictments and complaints. The enterprise is more than an essential element of a RICO charge or claim for relief; it is responsible, wholly or in part, for RICO's breadth, procedural agility, and potent remedies. In short, the enterprise element shapes RICO litigation; conversely, litigation shapes the enterprise. The enterprise element within RICO provides a flexible tool for litigators, as it adapts to varied fact patterns and strategies and functions well to serve specific and significant purposes within the context of concrete litigation. 356 references.
Main Term(s): Racketeer Influenced and Corrupt Organizations (RICO) Act
Index Term(s): Lawsuits; Organized crime
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