NCJ Number
95991
Editor(s)
A F Mathews
Date Published
1984
Length
651 pages
Annotation
This volume contains seven papers and background case material focusing on expanding uses of the Racketeer Influenced and Corrupt Organizations Act (RICO).
Abstract
The first paper explains RICO in terms of Federal statutes, remedies, and constitutionality and compares it to criminal sanctions. It reviews elements of a civil RICO claim and the special considerations of burden of proof, pleading, venue and process, discovery, and statute of limitations. The next article examines the criminal penalties and civil remedies under RICO against defendants who engage in 'racketeering activity' to operate or gain control of business enterprises. The following two papers outline civil RICO securities legislation and issues relating to the 'enterprise' element of RICO. An issues discussion deals with the effect of Schact v. Brown on the argument that private RICO actions require proof of a nexus between the conduct complained of and organized crime. The sixth paper discusses the emergence of RICO as a weapon against professionals in the security field and identifies safeguards against abuse of RICO that may be applied at the pleading stage. The final paper covers State RICO statutes and includes illustrations of the differences among States and of the contrast between State and Federal approaches. Background material examines decisions in Bennett, et al. v. Berg, et al.; Schact v. Brown, et al.; and Moss v. Morgan Stanley, Inc., et al. Also covered are United States v. Turkette; Trane Company v. O'Connor; United States v. Bledsoe, et al; and others. RICO guidelines are provided. Case notes appear throughout the volume. For related papers, see NCJ 96390-92.