NCJ Number
125344
Journal
Vanderbilt Law Review Volume: 43 Issue: 3 Dated: (April 1990) Pages: 673-689
Date Published
1990
Length
17 pages
Annotation
A former Federal judge assesses the use of the civil portions of the Racketeer Influenced and Corrupt Organizations Act (RICO) and proposes reform.
Abstract
Civil RICO was designed to enable private plaintiffs to bring civil actions against persons engaged in a pattern of criminal activity; however, the majority of civil RICO cases involve commonplace commercial controversies where an ordinary business relationship has gone sour. Attorneys characterize the cases to make them conform to the requirements of RICO, adding a few allegations of the use of the mails or wire in furtherance of a fraudulent scheme. Mail or wire fraud offenses are presented as a pattern so as to transform ordinary State-law fraud or contract action into a Federal "racketeering" case, thus creating the potential for treble damages, costs, and attorney's fees. Given the futility of attempting to eliminate or substantially narrow civil RICO, the most practical means of reform is to eliminate mail and wire fraud as well as securities fraud as RICO predicate offenses for civil actions, except in class actions in which 100 or more plaintiffs participate. This would reduce the number of civil RICO cases burdening Federal courts and eliminate the "garden variety" fraud and contract disputes now being brought as RICO actions. 70 footnotes.