RICO (Racketeer Influenced and Corrupt Organizations), Past and Future - Some Observations and Conclusions

• NCJ Number: 90578
• Journal: University of Cincinnati Law Review Volume: 52 Issue: 2 Dated: (1983) Pages: 456-463
• Author(s): I H Nagel; S J Plager
• Date Published: 1983
• Length: 8 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

Congress should act to clarify the intent of the Racketeer Influenced and Corrupt Organizations Act (RICO) in the areas of the concept of 'enterprise,' the definition of conspiracy, and the application of forfeiture.

Abstract

There is concern that the criminal 'enterprise' concept targeted for sanction by RICO has been interpreted too broadly, such that relatively minor criminal endeavors are included in prosecutions when the intent of the act appeared to be the targeting of major enterprises of organized crime. The courts appear to be aware of this misapplication of the statute, however, as judicial thinking appears to be in the direction of applying a narrower reading of enterprise conspiracy that more closely resembles traditional conspiracy principles. Further confusion exists in the application of the forfeiture provisions of RICO. Central concerns focus on what is forfeitable, and the mechanisms that can be used by the Government to obtain forfeiture. Title IV of the Comprehensive Crime Control Act of 1983 proposes to amend the RICO forfeiture provision by making it clear that property which constitutes or is derived from the proceeds of racketeering activity punishable under 18 U.S.C. 1962 is subject to an order of criminal forfeiture. Further, forfeiture is specified to cover all ill-gotten gains from the onset of the illegal acts. The proposed amended statute provides new language specifying that where forfeitable property has been removed, concealed, transferred, commingled with other property, or substantially depleted in value, the court is empowered to order that the defendant forfeit substitute assets. Even with the passage of the aforementioned legislation, however, the future will probably still hold debate on due process, double jeopardy, cruel and unusual punishment, and selective punishment, and selective prosecution as they relate to RICO. Thirty-nine footnotes are included.