NCJ Number
78848
Date Published
1980
Length
24 pages
Annotation
The application of the civil remedies of the Racketeer Influenced and Corrupt Organizations Act (RICO) to public corruption is discussed.
Abstract
Organized crime connections with legislators make it difficult to pass effective laws aimed at organized crime, and the corruption of prosecutors and judges makes it difficult to convict organization members. RICO provides for more civil remedies for public corruption than previously existed. The remedies provide for divestment, dissolution, reorganization, and restrictions on future activities and investments in relation to a defendant's criminal enterprise and activities. Triple damages are also mandated for victims of injurious acts proscribed by RICO. Prescribed procedures also make it relatively easy to bring civil suit under RICO. Although several RICO criminal prosecutions have already been successfully brought against corrupt public officials, civil actions could be brought against these same officials. Nothing need be proved for a civil action that is not proved for a civil action that is not proved in a criminal action except that the relief is appropriate. No injury need be shown other than the injury to the general public. A prior criminal conviction is not a prerequisite for a civil case. Since there is a lower standard of proof for civil cases, a civil action might be successful where a criminal prosecution failed for lack of evidence. Since private persons may bring civil actions, more cases can be brought against organized crime members, and those who are injured in any way by the public corruption may initiate civil action for relief, even though criminal prosecution may not have been sought. A total of 93 footnotes are listed.