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State of John C Keeney on September 18, 1985 Concerning RICO (Racketeer Influenced and Corrupt Organizations Act) Legislation - HR 2517 and HR 2943

NCJ Number
99959
Author(s)
J C Keeney
Date Published
1985
Length
91 pages
Annotation
This testimony presents the U.S. Department of Justice's (DOJ) views regarding its opposition to proposed amendments to the Racketeer Influenced and Corrupt Organizations Act (RICO), H.R. 2517 and H.R. 2943, which change the law's definitional, offense, and civil provisions.
Abstract
DOJ contends that the changes proposed in H.R. 2517 would seriously interfere with the Government's use of the statute in criminal cases and substantially reduce the statute's utility to plaintiffs in civil actions as well. H.R. 2943 would virtually eliminate civil enforcement of the statute by private plaintiffs and diminish the deterrent and remedial potential of suits for damages to the United States caused by RICO violations. The testimony describes DOJ's experience in the use of criminal RICO to demonstrate its extraordinary value as a law enforcement tool against organized criminal groups. The use of RICO's civil provisions by the Government and private parties is then discussed. The testimony describes the changes proposed by the two bills and the rationales underlying DOJ's reservations. Finally, three amendments that DOJ believes will enhance the value of RICO are suggested. Excerpts from the U.S. Attorneys' Manual relating to RICO are appended.