NCJ Number
66491
Journal
American Criminal Law Review Volume: 17 Issue: 3 Dated: (WINTER 1980) Pages: 341-365
Date Published
1980
Length
25 pages
Annotation
THE MOST COMMON FORMS OF LABOR RACKETEERING ARE DESCRIBED, FOLLOWED BY A DISCUSSION OF THE FEDERAL RACKETEERING INFLUENCED AND CORRUPT ORGANIZATION STATUTE, LEGISLATION DESIGNED TO COUNTER LABOR RACKETEERING.
Abstract
RACKETEERING WITHIN THE STRUCTURES AND PROGRAMS OF LABOR UNIONS CAN INCLUDE FRINGE BENEFIT FUND MISUSE INVOLVING THE USE OF FUNDS INTENDED FOR THE BENEFIT OF UNION MEMBERS FOR THE PERSONAL GAIN OF THOSE THAT CONTROL THE FUND OR THE ESTABLISHMENT OF 'SWEETHEART' LABOR CONTRACTS, WHERE LABOR LEADERS AND MANAGEMENT NEGOTIATE MUTUALLY BENEFICIAL ARRANGEMENTS WHICH DIMINISH OR LIMIT BENEFITS FOR UNION MEMBERS IN COLLECTIVE BARGAINING CONTRACTS. STRIKE INSURANCE, WHEREBY LABOR LEADERS ARE PAID BY MANAGEMENT TO AVOID STRIKES ALSO CAN BE CATEGORIZED WITH THIS TYPE OF RACKETEERING, AS CAN THE USE OF MOB-CONTROLLED UNION LABOR IN MOB-CONTROLLED LICIT BUSINESSES FOR A COMPETITIVE ADVANTAGE. THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS STATUTE (RICO), ENACTED AS TITLE IX OF THE ORGANIZED CRIME CONTROL ACT OF 1970, IS PRIMARILY, BUT NOT EXCLUSIVELY, INTENDED TO HALT ORGANIZED CRIME'S INCURSION INTO LEGITIMATE ORGANIZATIONS SUCH AS LABOR UNIONS. RICO IS USED IN CONJUNCTION WITH CRIMINAL PROSECUTIONS UNDER OTHER STATUTES. IF IT CAN BE ESTABLISHED THAT A DEFENDANT IS GUILTY OF TWO CRIMINAL OFFENSES, HE THEN IS ALSO GUILTY OF 'RACKETEERING ACTIVITY' AND IS THEREFORE SUBJECT TO ADDITIONAL PENALTIES UNDER RICO. RICO HAS BEEN AN EFFECTIVE WEAPON AGAINST ORGANIZED CRIME. IT ALLOWS THE GOVERNMENT TO ATTACK SUCH CRIME BY FOCUSING NOT ONLY ON INDIVIDUAL OFFENSES, BUT ALSO ON ENTERPRISES OR PATTERNS OF RACKETEERING. VIOLATION OF THE CRIMINAL PROVISIONS OF RICO MAY RESULT IN A FINE OF $25,000. IMPRISONMENT FOR 20 YEARS, OR BOTH, PLUS FORFEITURE OF ILL-GOTTEN GAINS. ANY INTEREST THE DEFENDANT HAS ACQUIRED OR MAINTAINED IN A BUSINESS IN VIOLATION OF TITLE IX CAN ALSO BE CONFISCATED. THE IMPOSITION OF BROAD CIVIL REMEDIES MODELED AFTER THE ANTITRUST LAWS IS ALSO INCLUDED. CASE LAW UNDER RICO IS DISCUSSED, AND THE USE OF RICO AGAINST ANTHONY SCOTTO FOR CORRUPT ACTIVITIES IN CONNECTION WITH THE OPERATION OF THE INTERNATIONAL LONGSHOREMEN'S ASSOCIATION IS EXAMINED. FOOTNOTES ARE PROVIDED. (RCB)