NCJ Number
96361
Journal
North Carolina Law Review Volume: 62 Issue: 1 Dated: (October 1983) Pages: 57-113
Date Published
1983
Length
57 pages
Annotation
The Racketeer Influenced and Corrupt Organization Act (RICO) includes sweeping provisions for in personam forfeiture. Federal prosecutors have begun to employ these provisions with increasing frequency. The authors maintain that RICO forfeitures must comply with the due process requirements of the fifth amendment, but that current procedures, based on congressionally-approved in rem practices, are constitutionally inadequate.
Abstract
The Article focuses particulary on pretrial restraining orders and post verdict forfeiture procedures and examines in depth the due process requirements at each of these stages. The authors conclude that although Congress specified tough forfeiture penalties under RICO, the procedural means it provided for enforcing the forfeiture provisions do not sufficiently protect the due process rights of either defendants or third parties. A total of 373 footnotes are provided. (Author abstract modified)