NCJ Number
139457
Date Published
1992
Length
29 pages
Annotation
This booklet provides an overview of the elements necessary for an effective State civil prosecution effort under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Abstract
The booklet advises that what sets RICO apart from other legislation is that it targets the economic foundation of organized criminality more than individual wrongdoers. RICO is predicated on the theory that crime motivated by greed and profit is deterrable if the economic costs to the perpetrator are sufficiently severe and the incentives for enforcement by government and by private citizens are sufficiently rewarding. The guidelines for the formation of a civil RICO unit, the features of an effective State RICO statute, and the prosecution of a civil RICO case are based in criteria for a successful civil RICO program. One of the elements of a successful program is an effective civil RICO statute that affords an attorney general broad investigative authority as well as potent legal and equitable remedies. Another element is a financial investigative capacity that can identify suspicious transactions, uncover concealed assets, and track currency movements. Also required is civil litigation expertise that ensures civil procedures and litigation strategy are optimally used. Other elements of a successful civil RICO program are the development of model forms and pleadings suited to the local legal culture, the elaboration of case-selection criteria, rapport with other State and local law enforcement agencies to facilitate referrals, and ongoing training for unit staff personnel and for cooperating State and local law enforcement agencies. Appended model State RICO statute, description of State civil RICO forfeitures and damages, and 34-item bibliography