NCJ Number
160144
Date Published
1991
Length
155 pages
Annotation
This monograph is designed to assist State attorneys general in seeking to establish a civil RICO unit in their office.
Abstract
RICO statutes have provided law enforcement with enhanced criminal sanctions, but recent experience on both the Federal and State levels has shown that RICO's civil remedies provide a potentially more effective weapon for attacking enterprise misconduct. The civil remedies contained in State RICO laws vary by jurisdiction. Typical remedies may include treble damages or a specified civil penalty of up to $250,000, recovery of reasonable counsel fees and investigative costs, prompt injunctive relief to prevent the continued illicit functioning of the enterprise, and forfeiture of illicit proceeds and the illicit enterprise that engaged in a racketeering violation. The purpose of a civil RICO unit is to provide the attorney general, who plays a critical role in investigation and prosecution of unlawful activity in most States, with the expertise necessary to handle civil RICO cases. To succeed, a civil RICO unit must provide four services: legal expertise, investigative assistance, property management skills, and training. This report profiles each of these services and also provides guidance on minimum personnel requirements, personnel functions and qualifications, placement of the unit, starting and operating the unit, and developing cases/relations with other agencies. Appended survey on how RICO demonstration project sites operate, an outline of key elements of RICO statutes, a contact list, RICO resources and bibliography, sample RICO Unit job descriptions, and sample RICO Unit intake criteria and prosecution guidelines