NCJ Number
143691
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 847-908
Date Published
1993
Length
62 pages
Annotation
This review of the Racketeer Influenced and Corrupt Organizations Act (RICO) explains basic concepts, elements of the offense, criminal and civil penalties, defenses, and relevant Federal Sentencing Guidelines.
Abstract
RICO, enacted as Title IX of the Organized Crime Control Act of 1970, is designed to combat criminal organization. It prohibits "any person" from using income received from a pattern of racketeering activity or through collection of an unlawful debt to acquire an interest in an enterprise that affects interstate commerce. RICO also prohibits acquiring or maintaining through a pattern of racketeering activity or through collection of an unlawful debt an interest in an enterprise that affects interstate commerce; it proscribes conducting or participating in the conduct of, through a pattern of racketeering activity or through collection of an unlawful debt, the affairs of an enterprise that affects interstate commerce, as well as conspiring to participate in any of these activities. A discussion of elements of the offense focuses on the meanings of "person," "predicate acts of racketeering activity," "pattern," and "racketeering activity," "enterprise," and "effect on interstate commerce." An explanation of the provisions of section 1962 addresses investment of racketeering proceeds, illegal acquisition of enterprise interest, and illegal use of enterprise. A discussion of defenses addresses the vacating of one or more of the defendant's convictions, limitation of actions, arbitration, "horizontal pre-emption," and "reverse vertical pre-emption." Some constitutional challenges that have been brought are also reviewed. 473 footnotes