NCJ Number
130261
Journal
St. John's Law Review Volume: 64 Issue: 4 Dated: special issue (Fall 1990) Pages: complete issue
Date Published
1990
Length
271 pages
Annotation
Essays and notes in this special journal issue examines provisions of the Racketeer Influenced and Corrupt Organizations (RICO) Act which was enacted in 1970.
Abstract
The first essay, considered to be the most important, argues that some modification of the current doctrine of entity criminal responsibility may be in order. In particular, in the RICO context, it is suggested that limits be placed on the parallel doctrine of entity civil responsibility. Courts should not find entity responsibility, either criminal or civil, unless high managerial involvement can be demonstrated by the prosecutor or plaintiff. The essay also favors extending the person-enterprise rule in RICO actions. In the discussion of an organization's vicarious criminal liability, RICO is viewed as an example of a flawed principle in practice. The second essay postulates that RICO is ambiguous and vague, while the third essay compares RICO to New York's Organized Crime Control Act of 1986. The final three essays consider RICO reform, causation and civil RICO standing, and concurrent jurisdiction over Federal civil RICO claims. Notes cover RICO and the first amendment, RICO as a remedy for hazardous waste victims, and RICO and civil procedures. 1,231 footnotes