NCJ Number
96197
Date Published
1985
Length
18 pages
Annotation
This chapter reviews the historical background, enactment, and implementation of the Racketeer Influenced and Corrupt Organizations (RICO) provisions of Title IX of the Organized Crime Control Act and the Continuing Criminal Enterprise (CCE) provisions of Title II of the Comprehensive Drug Abuse Prevention and Control Act as well as current reform proposals.
Abstract
In RICO, Congress authorized two distinct forfeitures: forfeiture of any interest acquired through a violation of RICO and forfeiture of any interest affording a source of influence over any enterprise operated through a violation of RICO. Initially, the courts split on whether the forfeiture of interests acquired extended to the proceeds of illicit transactions. The Supreme Court resolved the split in United States v. Russello. The scope of the forfeiture of interests has been held to extend to union offices, corporate ownership, and partnership interests. In CCE, Congress authorized two distinct forfeitures: forfeiture of profit obtained by the operation of a drug enterprise and forfeiture of any interest affording a source of influence over any drug enterprise. To guarantee that assets subject to forfeiture will be available for execution after judgment, RICO and CCE authorize the pretrial issuance of restraining orders following the return of indictments specifying forfeitures. Neither RICO nor CCE specifies the time of forfeiture. Comparatively few assets have heen forfeited under either RICO or CCE. Efforts are underway to give asset forfeiture greater emphasis and to develop investigative and prosecutive expertise. Reform legislation pending in Congress would clarify issues that have divided the courts in their interpretations of RICO's and CCE's scope and implementation. Seventy notes are included.