Webb, Northern District of California, conducted RICO trial, United States v. The jury convicted the four appellants and another corporation on both the conspiracy and racketeering counts. The district court denied a motion to dismiss the superseding indictment, and the first RICO trial commenced on March 13, 1978. After the defendants moved to dismiss the indictment for overbreadth and vagueness, the grand jury returned a superseding indictment on February 27, 1978, charging the same offenses and naming eleven defendants, including the appellants. for conspiracy and racketeering activity. On December 1, 1977, the federal grand jury in the Eastern District of Louisiana indicted thirteen defendants, Robert J. He once told Time, "We don't want one set of rules for people whose collars are blue or whose names end in vowels, and another set for those whose collars are white and have Ivy League diplomas." Organized crime Īlthough its primary intent was to deal with organized crime, Blakey said that Congress never intended it merely to apply to the Mob. īoth the criminal and the civil components allow the recovery of treble damages (triple the amount of actual/compensatory damages). Ī civil RICO action can be filed in state or federal court. The plaintiff must prove the existence of an "enterprise." The defendant(s) are not the enterprise in other words, the defendant(s) and the enterprise are not one and the same. RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. The US Supreme Court noted that a commentator had used the terms "prize", "instrument", "victim", or "perpetrator" for these four relationships. conspired to do one of the above (subsection (d)).conducted or participated in the affairs of the enterprise "through" the pattern of racketeering activity (subsection (c)) or.acquired or maintained an interest in, or control of, the enterprise through the pattern of racketeering activity (subsection (b)) or.invested the proceeds of the pattern of racketeering activity into the enterprise (18 U.S.C. There must be one of four specified relationships between the defendant(s) and the enterprise. In many cases, the threat of a RICO indictment can force defendants to plead guilty to lesser charges, in part because the seizure of assets would make it difficult to pay a defense attorney.ĭespite its harsh provisions, a RICO-related charge is considered easy to prove in court because it focuses on patterns of behavior as opposed to criminal acts. This provision prevented the owners of Mafia-related shell corporations from absconding with assets. An injunction or performance bond ensures that there is something to seize in the event of a guilty verdict. In addition, the racketeer must forfeit all ill-gotten gains and interest in any business gained through a pattern of "racketeering activity." Ī US Attorney who indicts someone under RICO has the option of seeking a pre-trial restraining order or an injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property as well as to require the defendant to put up a performance bond. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. Under RICO, a person who has committed "at least two acts of racketeering activity" drawn from a list of 35 crimes (27 federal crimes and eight state crimes) within a 10-year period can be charged with racketeering if such acts are related in one of four specified ways to an "enterprise." This article deals primarily with the federal act. Since 1972, 33 states have adopted state RICO laws. In later years prosecutors have applied the law more broadly. Prosecutors in the 1970s used it to prosecute the Mafia as well as others who were actively engaged in organized crime. It was signed into law by US President Richard Nixon. Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of the committee's chairman, Senator John L. states and territories have adopted state RICO laws, which although similar, cover additional state crimes and may differ from the federal law and each other in several respects. This article primarily covers the federal criminal statute, but since 1972, 33 U.S. 922, enacted October 15, 1970), and is codified at 18 U.S.C. Tooltip Public Law (United States) 91–452, 84 Stat. RICO was enacted by Title IX of the Organized Crime Control Act of 1970 ( Pub. The Racketeer Influenced and Corrupt Organizations ( RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. National Organization for Women, 547 U.S. National Organization for Women, 537 U.S. Securities Investor Protection Corporation, 503 U.S.
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