Exclusive or Concurrent Jurisdiction Over Private Civil RICO Actions: Finding the Appropriate Reference

• NCJ Number: 125876
• Journal: William and Mary Law Review Volume: 31 Issue: 2 Dated: (Winter 1990) Pages: 491-525
• Author(s): K O'D Thompson
• Date Published: 1990
• Length: 35 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Clayton Act provides for exclusive Federal jurisdiction over civil claims, and Federal courts should imply the same provision for civil RICO (Racketeer Influenced and Corrupt Organizations) claims.

Abstract

RICO claims fall under Title IV of the Organized Crime Control Act of 1970. Supreme Court rulings on substantive and procedural analogies between the Clayton Act and RICO support a viable jurisdictional analogy between these acts. A procedural perspective on RICO highlights the inappropriateness of rejecting such an analogy based on court rulings in several cases. Although the closing of State court doors will decrease the choice of a fora open to civil litigants, the resulting diminished possibility of inconsistent interpretation of complex RICO provisions will insure the statute's integrity as a comprehensive Federal scheme to combat organized crime and racketeering activities. The legislative history of the Organized Crime Control Act is reviewed, and appropriate tests for determining the propriety of concurrent jurisdiction over any claim under Federal law, including RICO claims, are examined. 209 footnotes