NCJ Number
102437
Journal
Trial Volume: 22 Issue: 9 Dated: (September 1986) Pages: 40-47
Date Published
1986
Length
7 pages
Annotation
Overzealous prosecutors, aided by a conservative judiciary, have expanded the effect of the Racketeer Influenced and Corrupt Organizations Act (RICO) far beyond Congress' original intent.
Abstract
RICO was originally intended to combat organized crime's infiltration of legitimate businesses. Since its enactment, however, Federal prosecutors have sought and courts have rendered overly expansive interpretations of various aspects of the statute until it has become a 'catch-all' criminal statute. The amended legislation increases the number of activities proscribed, encompasses more defendants, and impinges on the property and liberty rights of third parties and the accused. Its forfeiture procedures have been used to deprive innocent third parties of the use and value of their property until such time as the defendant is convicted and attempts to use RICO's forfeiture provisions to seize attorney's fees have seriously undermined the right of defendants to the counsel of their choice. Both the terms 'pattern of racketeering activity' and 'enterprise' appear vulnerable to a challenge of vagueness, but such challenges have failed in the courts. Similarly, courts have held that the double jeopardy clause of the fifth amendment has hot been violated when greater and lesser included charges are prosecuted in separate actions or when a court imposes cumulative sentences for convictions of both RICO charges and the predicate offenses. 71 notes.