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Criminal Law

University of South Carolina

2017

Racketeer Influenced Corrupt Organizations Act

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An Analysis Of The Racketeer Influenced Corrupt Organizations Act: How A Once Promising Bill Became A Corporate Nightmare, Joshua Hill May 2017

An Analysis Of The Racketeer Influenced Corrupt Organizations Act: How A Once Promising Bill Became A Corporate Nightmare, Joshua Hill

Senior Theses

Through sensationalism, the mafia stereotype, and past commissions’ recommendations Congress enacted the Racketeer Influenced Corrupt Organizations (RICO) Act. The Act itself was meant to eradicate organized crime while protecting legitimate businesses from their illegitimate counterparts. Unfortunately, the civil Act’s innate flaws have caused an overwhelming number of civil cases to flood the legal system, the majority of which have focused on private organizations and corporations, instead of Organized Crime (Pierson 2013). Civil RICO’s exploitation can be traced to its treble damages clause, – which was included in the Act to provide “an effective deterrent to further expansion of organized crime’s …