NCJ Number
74651
Journal
American Criminal Law Review Volume: 18 Issue: 2 Dated: (Fall 1980) Pages: 308-320
Date Published
1980
Length
13 pages
Annotation
A discussion of the Federal Racketeering Influenced and Corrupt Organization (RICO) statute examines its elements, defenses, penalties, and some constitutional challenges.
Abstract
RICO was enacted in 1970 to stem increasing infiltration of legitimate business engaged in interstate commerce by organized crime. Although RICO created no new offenses, it did add more severe criminal and civil sanctions for a wide range of existing Federal and State statutes, authorized greater subpoena powers, and allowed a wider construction of appropriate criminal statutes. Under RICO, the following activities were prohibited: (1) acquisition of an enterprise affecting interstate commerce with income received from a pattern of racketeering activity or through the collection of an unlawful debt; (2) acquisition or maintenance of an interest in an enterprise affecting interstate commerce through a pattern of racketeering or unlawful debt collection; (3) conducting the affairs of an enterprise involving interstate commerce through a pattern of racketeering activity or unlawful debt collection; (4) conspiracy to violate any of the above. RICO has withstood most constitutional challenges, and litigation centers on three issues: the nature of a 'pattern of racketeering activity' to require at least two acts of racketeering committed within 10 years of each other, with at least one act occurring after the effective date of the statute. 'Racketeering activity' is defined as any act violating 1 of over 30 enumerated Federal and State laws. However, courts disagree about whether the indictable acts need be connected except by involving the same enterprise. Although 'enterprise' as used in the RICO statute is not unconstitutionally vague, a precise definition has not yet been developed. Nevertheless, RICO has undergone many constitutional challenges, including ex post facto, double jeopardy, and allegations of use of the same evidence to prove multiple charges. Penalties for RICO convictions include fines, imprisonment, forfeiture of any interest acquired or maintained in violation of the statute. Restraining orders to prevent transfers of property prior to conviction are permitted. Footnotes are included.