skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 78850 Find in a Library
Title: RICO (Racketeer Influenced and Corrupt Organizations) Forfeiture - Tracing and Procedure (From Techniques in the Investigation and Prosecution of Organized Crime - Materials on RICO, P 353-378jj, 1980, G. Robert Blakey, ed. - See NCJ-78839)
Author(s): J Trojanowski
Date Published: 1980
Page Count: 62
Document: PDF
Format: Document
Language: English
Country: United States of America
Annotation: Property tracing and procedure under the criminal forfeiture provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) are discussed.
Abstract: Section 1963(a) of RICO aims at eradicating the economic base of organized crime by providing for the forfeiture of a violator's property which has been gained through the racketeering activity of which an offender is convicted. A persistent problem at every step of a RICO prosecution is the identification of the property subject to the forfeiture penalty. A nexus between the section 1962 violation and some specific property or other interest of the defendant must be present in the indictment, in any request for a restraining order to freeze the defendant's assets, in the prosecution's proof at trial, and in the special verdict which establishes the extent of the forfeiture. Property identification problems arise where the property subject to forfeiture has changed hands, form, or both. The imposition of a section 1963(a) forfeiture places the Government in a position analogous to that of a claimant attempting to identify property to a constructive trust or an equitable lien. The constructive trust and the equitable lien may be considered types of remedies for the victim of unjust enrichment and as methods of identifying property to the particular remedy. A constructive trust reaches that property in the hands of one person in which another has rights. An equitable lien uses property in the hands of one person as security for the liquidated claim of another. Both remedies will follow property through any number of successive transfers as long as it can be proven that some specific property was the product of each transaction. A total of 74 footnotes are listed; a discussion of the scope of RICO forfeiture in the context of the case United States v. Marubeni America Corporation is appended. (Author summary modified)
Index Term(s): Forfeiture law; Organized crime; Racketeer Influenced and Corrupt Organizations (RICO) Act
Note: Available in microfiche from NCJRS as NCJ-78839
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=78850

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.