NCJ Number
103774
Date Published
1985
Length
55 pages
Annotation
This legislative research report compares Alaska's House Bill 184, a proposed antiracketeering statute, with the Utah statute on racketeering and other similar State laws.
Abstract
House Bill 184 differs from the Utah statute by not including political kickbacks as illegal activities. While bribery is a criminal offense in Alaska, kickbacks are not illegal under State law. The paper reviews the Federal Racketeering and Corrupt Organizations Act of 1970 (RICO) and its adaptation by many States. Five essential elements that must be proven for criminal convictions and civil claims under RICO legislation are reviewed: prohibited conduct, racketeering activity, pattern of illegal activity, enterprise, and injury of plaintiff. The memorandum identifies six types of illegal activities listed in Alaska's bill that are predicate offenses under RICO, with attention to how bribery and kickbacks are addressed. It notes that of the States that have enacted RICO statutes, only Utah has defined kickbacks and bribery for endorsement purposes as illegal activities. The Federal, Arizona, and New Mexico RICO statutes are attached.