NCJ Number
105804
Journal
Contemporary Drug Problems Volume: 13 Issue: 4 Dated: (Winter 1986) Pages: 711-736
Date Published
1986
Length
26 pages
Annotation
Recent statutes with broad powers controlling drug trafficking substitute 'enterprise strategy' for 'attrition strategy' and create legal problems.
Abstract
Racketeer Influenced and Corrupt Organizations Act incorporated more than two dozen Federal and State crimes under acquiring or maintaining interest in an enterprise built through a pattern of racketeering activity. The Continuing Criminal Enterprise Act, with maximum life penalty, is limited to organizers, supervisors, or managers repeatedly committing Federal drug offenses. A recent amendment to the Comprehensive Crime Control Act created a 'relation back' doctrine, forfeiting all property gained by drug trafficking or organized criminality wherever found, including attorney's fees. The Controlled Substances Act forfeited direct and derivative contraband and proceeds from the time of the crime. The Bank Secrecy Act requires report of money transfers over $10,000; cash over $5,000 leaving the U.S.; and foreign financial declarations on income taxes. Banks fear breaching confidentiality. Lawyers fear government informers and forfeited fees. RICO and CCE should be clarified and amended.