NCJ Number
66492
Journal
American Criminal Law Review Volume: 17 Issue: 3 Dated: (WINTER 1980) Pages: 367-378
Date Published
1980
Length
12 pages
Annotation
THE DIFFICULTIES AND COMPLEXITIES OF RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS STATUTE (RICO) INVESTIGATIONS ARE DISCUSSED AND A CASE RECOUNTED SHOWING THE IMPORTANCE OF TEAMWORK.
Abstract
RICO PROVIDES INVESTIGATORS AND PROSECUTORS WITH UNPRECEDENTED POWER TO COMBAT INTRICATE AND CONTINUING CRIMINAL SCHEMES. RICO INVESTIGATIONS DIFFER FROM OTHER CRIMINAL INVESTIGATIONS IN THAT THEY ARE PROACTIVE, SEEKING TO UNCOVER CRIME RATHER THAN GATHER EVIDENCE FOR A CRIME ALREADY COMMITTED; AND RICO IS SO BROAD THAT FEDERAL AGENTS MUST KNOW STATE AS WELL AS FEDERAL LAW TO PROSECUTE SUSPECTED RACKETEERS. THUS, RICO INVESTIGATIONS DEMAND CLOSE COORPERATION BETWEEN INVESTIGATORS AND PROSECUTORS. IN 1975, RICO WAS USED BY THE FBI AND U.S. ATTORNEY TO PROSECUTE WIDESPREAD PUBLIC CORRUPTION IN EASTERN PENNSYLVANIA. IN CHESTER, PA., THE POLICE, MAYOR, AND PUBLIC OFFICIALS CONTINUED TO BE BRIBED BY A NUMBERS RACKETEER. USING RICO'S PROVISIONS AS A ROADMAP, FEDERAL AGENTS STRUCTURED AN INVESTIGATION THROUGH WHICH THE NUMBERS OPERATION WAS DECLARED ILLEGAL, THE MAYOR INDICTED ON STATE BRIBERY CHARGES AND OBSTRUCTION OF JUSTICE, AND THE NUMBERS RACKETEER INDICTED FOR INVESTING RACKETEER MONEY IN LEGITIMATE BUSINESSES. EVIDENCE WAS GATHERED IN WELL-ORGANIZED STAGES BY THE FBI AND SELECT MEMBERS OF THE CHESTER POLICE FORCE. UNDER RICO'S FORFEITURE PROVISIONS, ENTERPRISES BROUGHT BY THE RACKETEER THROUGH RACKETEERING PROCEEDS WERE CONFISCATED. FOOTNOTES ARE INCLUDED. (PAP)