NCJ Number
130262
Journal
St. John's Law Review Volume: 64 Issue: 4 Dated: special issue (Fall 1990) Pages: 701-724
Date Published
1990
Length
24 pages
Annotation
The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970, and subsequent discussions of the act have often incorporated myths that are not supported by a careful analysis of the statute and its legislative history.
Abstract
RICO sets standards of unlawful conduct that are enforced through criminal and civil sanctions. Congress directed that RICO be liberally construed to accomplish its remedial purposes. While the act is broad, RICO does not displace any other body of law, Federal or State. The criminal enforcement mechanism of RICO provides for imprisonment, fines, and criminal forfeiture. The civil enforcement mechanism provides for injunctions, treble damages, and counsel fees. The most pervasive myth about RICO is that the act is designed to combat only organized crime. It can be argued that some modification of the current doctrine of entity criminal and civil responsibility in the RICO context may be in order. Courts should not find entity responsibility unless high managerial involvement can be demonstrated by the prosecutor or plaintiff. It is also suggested that the person-enterprise rule in RICO actions be extended. The claim that RICO is ambiguous and vague is examined as well as RICO reform and civil RICO claims. 125 footnotes