NCJ Number
160147
Date Published
1990
Length
354 pages
Annotation
Intended for use by State government civil RICO units initiating a civil RICO enforcement effort, this manual explains what RICO statutes can do and presents sample pleadings and practical information about RICO litigation.
Abstract
The author is former chief of the RICO Section of the Florida Department of Legal Affairs and former chief counsel of the Florida Department of Law Enforcement. An overview notes that although the elements of a RICO offense vary from State to State, the statutes punish three separate offenses: (1) participation in a criminal organization through a pattern of criminal activity, (2) the use or investment of the proceeds of a pattern of criminal activity, and (3) the use of patterns of criminal activity to acquire control of a legitimate business enterprise. The investments, takeover, and substantive sections of RICO offenses are defined. The steps involved in conducting a RICO case are then covered; these include targeting, investigative planning, deciding among enforcement options, and case coordination. Checklist and forms and sample documents, including civil investigative demands, the complaint, service of process, liens, temporary injunctions and other preliminary relief, discovery, motions, and jury instructions