NCJ Number
86770
Date Published
1982
Length
157 pages
Annotation
The development of the Racketeer Influenced and Corrupt Organizations law (RICO) has been marked by a failure of Congress, the courts, and prosecutors to establish reasonable restrictions on the broad scope of the offense, thus requiring defense attorneys to protest rights violations.
Abstract
RICO punishes three types of conduct: (1) legal acquisition of an enterprise with money derived from a 'pattern of racketeering activity,' (2) illegal acquisition of an enterprise through a pattern of racketeering, and (3) operation of an enterprise through a pattern of racketeering. A pattern of racketeering is established when the accused commits at least two acts of racketeering activity occurring within 10 years of one another. Federal authorities have charged RICO offenses when prosecuting small-time criminals or businessmen who do not appear to be the intended targets of the legislation. With some significant exceptions, the courts have refused to impose meaningful limitations on the prosecution of RICO offenses, protesting that it is the duty of Federal prosecutors to use their discretion in a way that prevents injustice and inappropriate applications of the statute. Federal prosecutors have betrayed this trust by attempting to expand the scope of the statute without regard for justice or sound police considerations. The defense bar has the task of remedying these injustices by vigorously litigating and publicly protesting violations of individual rights through abuse of RICO. A total of 529 footnotes are provided. (Author summary modified)