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Criminal Law Commons

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Commercial Law

BLR

2007

Legislation

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Full-Text Articles in Criminal Law

The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin Jan 2007

The New Direct Proximate Cause: How The U.S. Supreme Court Has Attempted To Limit Civil Rico In A Manner Congress Aimed To Protect, Gregory M. Zarin

ExpressO

This comment explores a heavily litigated issue since civil RICO's enactment - its unclear statutory scope and private party standing. To illustrate this issue, this comment explores recent RICO litigation related to the unlawful hiring of undocumented workers as an example of a Congressionally supported application of civil RICO, but in a manner wholly unrelated to organized crime or the mafia. While the Supreme Court has continued to limit civil RICO's outer boundaries, Congress seems to go the complete opposite direction by expanding the statute.