NCJ Number
93571
Date Published
1980
Length
531 pages
Annotation
These 10 essays focus on ways in which the Racketeer Influenced and Corrupt Organizations Act (RICO) statute could be more widely applied to various crimes, ways in which judicial interpretations of the law have unnecessarily restricted its usefulness, and specific methods that could improve the effectiveness of investigations and prosecutions of RICO violations.
Abstract
Analyses of legislative intent of the law and of court decisions under it conclude that the law's provisions should be construed liberally and should also be applied strictly to entities such as corporations, partnerships, and associations. A discussion of the measurement of damages under RICO suggests that the general concepts now used in antitrust cases are likely to apply also to RICO cases. An examination of the applicability of mens rea to RICO cases concludes that defendants in these cases must knowingly engage in criminal activities or knowingly collect an unlawful debt in order to be convicted. The need for standards for appellate review of criminal convictions under RICO is discussed. RICO's potential usefulness in dealing with cigarette bootlegging; film, record, and tape piracy; and massage parlors is explained. Procedural aspects of both criminal prosecutions and civil suits under RICO ae explored. The texts of Federal and State RICO statutes are also compared. Extensive footnotes are supplied for each essay. For individual essays, see NCJ 93572-81.