NCJ Number
126459
Date Published
1990
Length
592 pages
Annotation
After reviewing the history of the Racketeer Influenced and Corrupt Organizations Act (RICO), this book presents updated case law pertaining to RICO's substantive law, practice, and procedure.
Abstract
A discussion of case law pertaining to "racketeering" activity under RICO addresses the five subdivisions of Section 1961(1), the handling of conspiracy and attempt offenses, the effect of State procedural law, and application to particular conduct (mail fraud pyramiding and marijuana offenses). Issues considered under the "enterprise" element of RICO are the expansion of the concept to include criminal "associations in fact," government agencies, courts, and political offices; foreign corporations as enterprises; "association in fact" enterprises consisting of a group of corporations and individuals; limitations on the enterprise after "Turkette;" and whether the "person" who engages in the racketeering must be an entity distinct from the enterprise. Other discussions pertinent to RICO substantive law address the "pattern" element and Section 1962. Discussions regarding RICO practice and procedure cover the institution of a civil RICO action, pretrial proceedings, the trial of a civil RICO action, defense, and remedies. Appended statutes, tables of cases and statutes, and a subject index