NCJ Number
80376
Journal
Temple Law Quarterly Volume: 53 Issue: 4 Dated: (1980) Pages: 1009-1048
Date Published
1980
Length
40 pages
Annotation
This article discusses the legislative history, structure, and criminal and civil proceedings and sanctions of the Racketeer Influenced and Corrupt Organizations Act (RICO).
Abstract
RICO was the end product of a long process of legislative effort to develop new legal remedies for dealing with organized criminal behavior, from simple political corruption to sophisticated white-collar crime and traditional Mafia-type activities. In addition, RICO restored to American jurisprudence a limited concept of criminal forfeiture of ill-gotten gains and economic bases of misused power. Civil suits, which may be brought by the Attorney General of the United States or by injured persons against RICO violators, were also authorized. Civil remedies in actions brought by the Attorney General are injunctive relief, and remedies in a private RICO suit include not only injunctions and other forms of civil relief, but treble damages plus costs and a reasonable attorney's fee. The first 10 years of RICO have been largely taken up with criminal prosecutions. RICO's promise in the civil area has not yet been realized. This can be expected to change in the future as prosecutors and the plaintiffs' bar begin to appreciate the significant remedies offered through civil action. A total of 204 footnotes are listed.