NCJ Number
125345
Journal
Vanderbilt Law Review Volume: 43 Issue: 3 Dated: (April 1990) Pages: 691-733
Date Published
1990
Length
43 pages
Annotation
After reviewing the history of the Racketeer Influenced and Corrupt Organizations Act (RICO), this article addresses the political and policy implications of the unintended uses of RICO and argues that the "void-for-vagueness" doctrine should play a significant role in repealing RICO or in restricting its currently overbroad reach.
Abstract
The predominant reason for the increased use of RICO in both criminal and civil prosecutions beginning in the early 1980's lies in the elasticity of RICO's limiting principles of "predicate" acts, a "pattern" of racketeering conduct, and an involved "enterprise." Although Congress intended these terms to distinguish between the common criminal and members of organized crime, this has not been achieved. Criminal RICO prosecutions have spawned "megatrials" involving a dozen or more defendants in a single proceeding that lasts many months and involves broad forfeiture actions. Civil RICO actions are being brought in almost every commercial case that involves fraud. No satisfactory political resolution of the RICO problems is likely. The "void-for-vagueness" doctrine should play a significant role in repealing RICO or in restricting its currently overbroad reach. 247 footnotes.