RICO (Racketeer Influenced and Corrupt Organizations) Concepts (From Techniques in the Investigation and Prosecution of Organized Crime Materials on RICO, P 106-119, 1980, G. Robert Blakey, ed. - See NCJ-78839)

• NCJ Number: 78843
• Author(s): E Shaw
• Date Published: 1980
• Length: 14 pages
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: Available in microfiche from NCJRS as NCJ-78839.

Annotation

'Person,' 'enterprise,' and 'pattern of racketeering activity' are discussed as essential concepts for understanding and using the Racketeer Influenced and Corrupt Organizations Act (RICO).

Abstract

A principal purpose of RICO is to curtail the infiltration of legitimate businesses by organized crime; however, the statute also extends to the perpetration of criminal activity through legal or illegal enterprises. RICO applies to any 'person,' which is broadly defined as any entity capable of holding a legal interest in property. In order to violate RICO, a person must acquire or maintain control of an enterprise or conduct its affairs through a pattern of racketeering activity. 'Enterprise' is broadly defined as a legal entity or any association. The enterprise must engage in or affect interstate commerce. 'Racketeering activity' includes generically defined State offenses and specified Federal offenses. A 'pattern of racketeering activity' requires a relationship between the multiple offenses. Criminal penalties and civil remedies can both be applied under RICO. The case of United States v. Parness is discussed as an example of the application of the RICO concepts. Fifty-five footnotes are listed. (Author summary modified)