NCJ Number
122575
Journal
Temple Law Review Volume: 62 Issue: 3 Dated: (1989) Pages: 977-1012
Date Published
1989
Length
36 pages
Annotation
This article explores whether courts should entertain the use of equitable remedies contained in RICO to prosecute and reform labor unions corrupted by elements of organized crime.
Abstract
The legislative history of RICO is reviewed. In enacting RICO, Congress intended to give Federal law enforcement agencies a new way to fight organized crime's infiltration of legitimate organizations such as labor unions. Under RICO's civil provisions, Federal district courts are given equitable powers to use in eliminating organized crime's control of legitimate organizations and businesses. The U.S. Department of Justice has invoked the courts' equitable powers several times since 1984 to enjoin racketeers from participating in the activities of labor unions and to authorize the appointment of trustees to control labor unions corrupted by organized crime. Court-ordered trusteeship over a corrupted union can also create problems and inhibit the development of democratic governance of the union. A blend of court-imposed crime control under civil RICO provisions and self-imposed labor reform is suggested for reforming corrupt unions. 301 footnotes.