NCJ Number
79489
Date Published
1978
Length
79 pages
Annotation
Recommendations for the more effective use of civil and criminal remedies to deal with organized crime in New Jersey are discussed.
Abstract
The flexibility and adaptability of civil remedies makes them appropriate for use against organized crime figures. Compensatory and punitive damages can strike severe blows at the economic foundations of organized crime, and the injunctive relief offered in civil suits can terminate organized criminal activity. The lesser burden of proof and broader discovery provisions in civil suits compared to criminal cases also makes civil action appealing. While New Jersey currently has statutory civil prerogatives that can be used against certain activities typical of organized crime, they are generally too narrow in scope to provide an effective strategy against organized crime. Legislation similar to the Federal Racketeer Influcenced and Corrupt Organizations Act should be enacted in New Jersey to provide the kinds of civil remedies needed to counter organized crime. Such legislation in New Jersey should deal with (1) areas of legitimate commerce in which organized crime typically has an interest, (2) areas of legitimate commerce which are infiltrated or funded by monies gathered through illegal activities, and (3) areas of legitimate commerce in which licensing is required by the State. Theft and fencing, as well as gambling, are domains of organized crime where civil remedies could be particularly effective. An emphasis on forfeiture of property and funds gained through illegal activity could do much to cripple the economic base of criminal enterprises. Criminal justice initiatives should focus on providing more severe criminal penalties for persons involved in managing criminal enterprises, and administrative initiatives should seek greater State regulation of businesses and enterprises which have been infiltrated by organized crime. A total of 74 footnotes are provided.