Current RICO Policies of the Department of Justice

• NCJ Number: 125343
• Journal: Vanderbilt Law Review Volume: 43 Issue: 3 Dated: (April 1990) Pages: 651-672
• Author(s): E S G Dennis Jr
• Date Published: 1990
• Length: 22 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

In discussing the U.S. Justice Department's policy regarding the enforcement of the Racketeer Influenced and Corrupt Organizations Act (RICO), this article considers temporary restraining orders (TRO's) in forfeiture actions, the forfeiture of enterprise interests, the "pattern requirement," and whether the Federal Government should use RICO to prosecute white-collar crime.

Abstract

The Justice Department's use of TRO's to prevent the dissipation of assets subject to forfeiture prior to the conclusion of a criminal RICO trial has been criticized as being punitive to conviction. The Justice Department, however, believes its use of TRO's has been generally justified, and it will continue to seek TRO's in appropriate circumstances. The Justice Department's criteria for using TRO's include a requirement that the prosecutor determine any impact the forfeiture and TRO would have on innocent third parties. RICO's requirement that the assets from a criminal enterprise be forfeited has been criticized as being indiscriminate in the selection of assets for forfeiture. Both the courts and the Justice Department are attempting to ensure that only those assets are forfeited which can be traced to the criminal enterprise specifically charged and proven. As RICO is now interpreted by the courts, two or more predicate "acts" that are "related" and which reflect or threaten continued criminality constitute a "pattern." The Justice Department will not approve a RICO action unless each act in the proposed pattern of racketeering activity arises from a criminal episode significantly distinct from the other conduct in the pattern. The Justice Department confines its use of RICO in white-collar crime to those cases where the unlawful conduct was both continuous and egregious and when there is the prospect of significant forfeiture of ill-gotten proceeds or of interests in a tainted enterprise. 117 footnotes.