Hit Them Where It Hurts: RICO Criminal Forfeitures and White Collar Crime

• NCJ Number: 120143
• Journal: Journal of Criminal Law and Criminology Volume: 80 Issue: 1 Dated: (Spring 1989) Pages: 197-292
• Author(s): K R Spaulding
• Date Published: 1989
• Length: 96 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the legislative and legal history of the criminal forfeiture provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO), pointing out that all Federal criminal practitioners should apprise themselves of the RICO legislation.

Abstract

The article emphasizes the law to date, the constitutionality of the forfeiture provisions, and the procedures for charging and implementing criminal forfeiture under RICO. While the RICO forfeiture laws apply to and are appropriately used in white collar prosecutions, prosecutors hoping to obtain forfeitures must carefully research their cases so that appropriate assets can be forfeited under a correct theory. Both prosecutors and defense attorneys should be aware of the constitutional issues of forfeiture and of the importance of evaluating third party claims, preservation of assets, and exemptions of assets to pay living expenses. 609 footnotes.