NCJ Number
130265
Journal
St. John's Law Review Volume: 64 Issue: 4 Dated: special issue (Fall 1990) Pages: 797-823
Date Published
1990
Length
27 pages
Annotation
The Organized Crime Control Act (OCCA) of 1986 reflects New York State's attempt to formulate workable components of an effective law that draws from the Racketeer Influenced and Corrupt Organizations (RICO) Act and comparable statutes.
Abstract
Under OCCA, individuals are guilty of enterprise corruption when they intentionally conduct or participate in the affairs of an enterprise by participating in a pattern of criminal activity, intentionally acquire or maintain interest in or control of an enterprise by participating in a pattern of criminal activity, or participate in a pattern of criminal activity and knowingly invest any criminal proceeds in an enterprise. Evidentiary limitations are established by OCCA on the proof admissible to determine elements of enterprise corruption. Both criminal and civil forfeiture mechanisms are available to the prosecutor under OCCA. Criminal forfeiture may be effected in several ways. OCCA requires a predicate enterprise corruption conviction and provides for disallowing a forfeiture, in whole or in part, if the prospective forfeiture is disproportionate to the defendant's gain or conduct. Criminal forfeiture under OCCA is also unique in requiring that the individual's use of property being forfeited must have contributed directly and materially to the crime involved. The goal of civil remedies under OCCA is to prevent the continuation of criminal conduct committed through an enterprise. OCCA has a substantially more limited scope than RICO and clearly grants greater protection to defendants and innocent third parties. Without prosecution and judicial interpretation, however, the potential of OCCA will not be realized. 163 footnotes