NCJ Number
78841
Date Published
1980
Length
23 pages
Annotation
The nature and benefits of civil actions under the Racketeer Influenced and Corrupt Organizations Act (RICO) are discussed.
Abstract
RICO provides that parties injured by organized criminal activity, whether those parties are governments or private citizens, may bring civil suit against the perpetrators. Under civil actions, defendants may be required to divest themselves of any interest, direct or indirect, in the injurious enterprise; may be restricted in future activities and investments; and may have their injurious business or enterprise dissolved or reorganized. Perhaps the most powerful civil remedy under RICO, however, is 1964 section (c), which provides that any person injured in his/her business or property by reason of a criminal violation of RICO can sue in any appropriate U.S. district court and recover threefold the damages sustained. In addition to providing unique remedies, civil suits under RICO have the advantages of a less demanding burden of proof than is required in criminal cases, the right of appeal without restriction, broad discovery rights that don't exist under criminal law, and the ease of enforcing an injunction. It is particularly important that civil suits be brought as soon as possible under RICO, even while preparing the case under the criminal provisions, since civil actions generally have a short statute of limitations (2 or 3 years). Overall, civil suits under RICO have the potential of damaging a racketeering operation over the long term much more severely than RICO's criminal sanctions. Examples of civil suits brought under RICO are provided. Six footnotes are listed.