RICO (Racketeer Influenced and Corrupt Organizations) and the Travel Act (From Prosecution of Public Corruption Cases, P 429-443, 1988, U.S. Department of Justice -- See NCJ-110010)

• NCJ Number: 110033
• Author(s): P E Coffey
• Date Published: 1988
• Length: 15 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: For microfiche, see NCJ-110010.

Annotation

The Racketeer Influenced and Corrupt Organizations (RICO) Act and the Travel Act have proven to be very effective in prosecuting cases involving corruption of public officials.

Abstract

Both statutes provide a jurisdictional basis for prosecution of criminal activities that have an inter-State nexus but do not ordinarily fall within the purview of Federal criminal statutes. Both also permit Federal prosecution to be predicated on violations of State law, including bribery statutes. The RICO Act allows for the presentation of the entire modus operandi of the corrupt activity, permits charges in cases that otherwise might be barred by the statute of limitations, provides a unifying base for an indictment, allows joinder of several corrupt schemes, and provides for serious penalties and potential forfeiture. The Travel Act applies to unlawful activity involving inter-State travel or use of inter-State facilities. In many ways, it is similar to RICO and is itself a RICO predicate. The Travel Act includes a definition of unlawful activity that covers bribery and extortion. The Travel Act is applicable in inter-State activities undertaken with an unlawful intent and involving a subsequent overt act in furtherance of the unlawful activity. These statutes have been effectively used to prosecute corrupt officials at all levels of Government.