NCJ Number
87794
Journal
Federal Probation Volume: 46 Issue: 4 Dated: (December 1982) Pages: 9-14
Date Published
1982
Length
6 pages
Annotation
The 1970 enactment of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO) has substantially changed both the law relating to organized crime and Federal enforcement practices.
Abstract
However, the failure to examine the implications of the legislation and the media's continuing presentation of a distorted picture of organized crime have hindered informed analysis or criticism of the law. Although Congress did not try to define the term organized crime in the legislation, the language used makes it clear that the Mafia, plus those non-Italians routinely associated with them by the police, prosecutors, and the media were clearly in mind. Nevertheless, the law added to governmental investigative, surveillance, and prosecutorial powers by failing to define clearly the nature of the organizations or the racketeering to which it would apply. As a result, RICO targets have included not only those traditionally associated with organized crime, but also defendants in fraud, corruption, business crime, misconduct, and a host of other cases. Critical examination of the implications of the legislation has been hindered by dependence on the police for information about organized crime, the continued focus by the public and the media on the Mafia, and the imprecision of the concepts developed by sociologists and others. RICO has resulted in an effective redefinition of racketeering, but the new definition will remain unclear until prosecutorial decisionmaking in this area is understood. Fifteen references are listed.