Criminal Forfeiture - Disposition of Property and Remission of Forfeitures Under RICO (Racketeer Influenced and Corrupt Organizations) (From Techniques in the Investigation and Prosecution of Organized Crime - Materials on RICO, P 379-406, 1980, G. Robert Blakey, ed. - See NCJ-78839)

• NCJ Number: 78851
• Author(s): J Bostwick
• Date Published: 1980
• Length: 28 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: Available in microfiche from NCJRS as NCJ-78839.

Annotation

The disposition of property and the remission of forfeitures under the Racketeer Influenced and Corrupt Organizations Act (RICO) are examined.

Abstract

RICO forfeitures are to be governed by the laws dealing with the disposition of property, including the customs laws as far as applicable. Statutory differences affect the application of these laws, however. First, RICO aims at removing the defendant from the enterprise, not at claiming Government revenues. Second, the rights of 'innocent parties' must be considered under the statute. Although not defined by statute, 'innocent persons' should include those who do not have knowledge of the illegal activity or who do not voluntarily consent to their relationship with the crime (victimized partners). Property may be disposed of by sale, retention for public use, destruction, or donation. The type of property interest involved and the requirement that disposition occur as soon as 'commercially feasible' will affect the choice of method. Under RICO, the type of property or the interest of other parties might require negotiated sales. Further, innocent parties play a role in the sale, either in choosing the class of bidders, in selecting the final bid, or at some other point. Along with the laws on disposition, RICO requires that remission or mitigation procedures under the customs law be applied. Under RICO, these provisions enable the Attorney General to lessen an otherwise mandatory forfeiture. 'Mitigating circumstances' include consideration of the relation of the amount of the forfeiture to the severity of the crime, the defendant's role in the crime, the experience and prior record of the defendant, any restitution made by the defendant to victims, the hardship imposed upon the defendant's dependents by forfeiture, and the defendant's involvement in organized crime. A total of 87 footnotes are listed. (Author summary modified)