RICO (Racketeer Influenced and Corrupt Organizations) and Injunctions (From Techniques in the Investigation and Prosecution of Organized Crime, Volume Three, 1980-See NCJ-93571)

• NCJ Number: 93576
• Author(s): C Mills
• Date Published: 1980
• Length: 45 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

Cigarette bootlegging provides a good example of a criminal distribution system that could be significantly curtailed by the injunctive relief available under section 1964 of the Racketeer Influenced and Corrupt Organizations (RICO) Act.

Abstract

The injunctive provision of RICO has the potential to be an effective remedy against organized crime's business activities as well as racketeering in general in the legitimate marketplace. Patterned on the antitrust remedies of the Sherman Act, the injunctive remedies could be applied to the cigarette manufacturers who play a crucial role in the smuggling process. Highly visible and geographically immobile, they are the point at which the civil remedies of RICO would be most potent. If a plaintiff can demonstrate the manufacturer's liability, then the court can apply injunctive relief, including prevention of sales to questionable buyers and requiring the placement of tax stamps and the collection of tax at the point of manufacture. The courts could also restrict interstate transactions. Although corruption inside the manufacturer's company could impede the success of these injunctions, culpable individuals could be enjoined from holding positions in any cigarette manufacturing company. RICO's injunctive provisions are modeled after antitrust legislation. However, RICO has not been effectively used to prosecute organized crime or other group crime. Nevertheless, a wide scope of RICO injunctions is possible. A total of 140 footnotes are provided.