NCJ Number
14571
Journal
Yale Law Journal Volume: 83 Issue: 7 Dated: (JUNE 1974) Pages: 1491-1515
Date Published
1974
Length
25 pages
Annotation
ANALYSIS AND CRITIQUE OF THE STATUTORY PROVISION MAKING IT AN OFFENSE TO INVEST INCOME EARNED OR DERIVED FROM ILLEGAL RACKETEERING ACTIVITY.
Abstract
THIS PROVISION DESERVES CRITICAL EXAMINATION, FIRST, BECAUSE ITS LANGUAGE RAISES DIFFICULT PROBLEMS OF STATUTORY INTERPRETATION, WHICH, ONCE RESOLVED, MAY RESULT IN INCREASING THE GOVERNMENT'S BURDEN OF PROOF BEYOND THAT BURDEN CONTEMPLATED BY THE ADVOCATES OF SECTION 1962(A). THIS NOTE EXPLORES THE AMBIGUITIES IN THE ACT AND SUGGESTS A CONSTRUCTION TO RESOLVE THOSE AMBIGUITIES. SECOND, BECAUSE THE ACT ON ITS FACE IMPOSES NO MENS REA REQUIREMENT, THE NOTE EXAMINES THIS OMISSION AND PROPOSES A MENS REA STANDARD . THIRD, THE NOTE EVALUATES THE PROBLEMS OF PROOF THE ACT PRESENTS AND CONCLUDES THAT IT DEFINED A LARGELY UNPROVABLE CRIME. THE NOTE, THEREFORE, RECOMMENDS THAT CONGRESS IN ITS PRESENT DELIBERATIONS ON RECODIFICATION OF TITLE 18 CONSIDER DRASTIC AMENDMENT OF SECTION 1962(A) OR ITS ELIMINATION FROM THE UNITED STATES CODE.