Law Commons^™

Quo Vadis? Assessing New York’S Civil Forfeiture Law, Steven L. Kessler

Touro Law Review

No abstract provided.

Rico Had A Birthday! A Fifty-Year Retrospective Of Questions Answered And Open, Randy D. Gordon

Marquette Law Review

The Racketeer Influenced and Corrupt Organizations Act (RICO) came into

the world in 1970, a time of great social upheaval that was accompanied by

shifting attitudes towards both crime and civil litigation. From the outset, the

statute’s complexity, ambiguity, and uncertain purpose have confounded courts

and commentators. At least some doubts as to the statute’s meaning and

application arise because it has criminal and civil components that subject it

to the twin—yet antithetical—social impulses to be “tough on crime” while

containing a perceived “litigation explosion.” In this Article, I situate RICO

in this larger context and offer that context as …

The Federal Criminal Forfeiture Statute: Reining In The Government’S Previously Unbridled Ability To Seize Pretrial Assets, Kristyn Fleming Francese

Pace Law Review

American organized crime movies are synonymous with a climatic raid and seizure of illegal assets – typically drugs and guns. But what is really encompassed within the Government’s grasp; what are the “illegal assets”? The truth is that the Government has a wide reach and the criminal seizures don’t end when the screen goes black and the credits roll. The Federal Criminal Forfeiture Statute, as applied to RICO and CCE cases, typically entails the forfeiture of any asset connected to the underlying crimes. Given that criminal forfeiture penalties have ethical and constitutional considerations, it is not surprising to learn that …

Rico Run Amok, John K. Cornwell

SMU Law Review

In 1970, Congress enacted RICO to eradicate organized crime in America. To enlist the help of private citizens in this effort, the statute included civil provisions providing treble damages for plaintiffs who proved that they were injured by a pattern of racketeering activity. As the decades passed, civil RICO dramatically expanded its reach, addressing misconduct in a diverse array of contexts, including high-profile suits against the Clinton Foundation and Trump University. This Article examines this evolution, focusing on three factors that have figured prominently in civil RICO’s runaway growth: the broad interpretation of what constitutes a RICO “enterprise”; the flexibility …

Impact Of Rico Upon Labor Unions, Robert M. Twiss

Akron Law Review

This paper will examine Title IX of the Organized Crime Control Act of 1970, relating to Racketeer Influenced and Corrupt Organizations (RICO). It will then discuss how Title IX pertains to labor unions and whether the assets of a labor organization may be forfeited under the civil forfeiture provisions of the Act.

An Introductory Examination Of The Racketeer Influenced And Corrupt Organizations Act,, David E. Morris

Akron Law Review

This comment will attempt to serve as an introduction to RICO, addressed to those with little or no knowledge of either its provisions and intricacies, or its potential usefulness and adaptability as a prosecution tool. The recent criticism of RICO by the American Bar Association will also be reviewed, as well as the ABA's proposed amendments to RICO. Finally, the state RICO statutes will be discussed. The advantages they offer states currently without any substantive laws dealing directly and primarily with organized and white-collar crime will be examined.

Civil Rico: The Legal Galaxy's Black Hole, Virginia M. Morgan

Akron Law Review

The Racketeer Influenced and Corrupt Organization (RICO) statute' was enacted as part of the Organized Crime Control Act of 1970. Congress passed it in response to a growing concern over the pervasive influence of organized crime in America? The statute contains both criminal penalties and civil sanctions, and civil RICO actions are available to both the government and to private individuals. It is a complex, powerful, and controversial law. In its private civil version, RICO is evolving into something quite different from the original conception of its enactors? It offers a federal forum and mandatory treble damages with attorneys fees …

Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe

Northwestern University Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …

Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister

Pepperdine Law Review

No abstract provided.

Political Gangsters: The Future Of Racketeering Law In Politics Note, Jillian Henzler

Cleveland State Law Review

Racketeering law and election restrictions are two areas of law that are not typically connected. Previous to the landmark decision in Citizens United, the chances of finding racketeering within election law were probably very slim.The corruption created by this new ruling is a fear that the government has been trying to combat for over a century. Not only will the effects of this new rule increase the appearance of corruption, this corruption may rise to a criminal level if racketeering action actually takes place. The ever-changing and expanding definition of racketeering under the Racketeering Influenced and Corrupt Organizations Act shows …

Rico Conspiracy: The Ninth Circuit Distinguishes Itself From The Rising Costs Of Guilty Thoughts, Stephanie Profitt

Golden Gate University Law Review

Part I of this Comment briefly surveys the legislative development of the RICO statute. It discusses the elements of a RICO cause of action and disputes that have arisen among the circuit courts over its interpretation. Part II of this Comment examines the development of civil liability for conspiring to participate in a RICO enterprise. It focuses on cases that have significantly shaped civil RICO conspiracy liability throughout the circuit courts. Part III explores the split that has developed among the circuits over the definition of RICO conspiracy liability, specifically, the difference between the Ninth Circuit's definition and that of …

Small Claim Mass Fraud Actions: A Proposal For Aggregate Litigation Under Rico, Leah Bressack

Vanderbilt Law Review

Assume that, tomorrow, a large company advertises a "miracle pill" that it claims will cure all forms of cancer. The company uses a sophisticated national marketing campaign to convey a strong health assurance message, which it tailors to specific audiences: women with breast cancer, men with prostate cancer, older adults with intestinal cancer, and children with leukemia. In response to the national campaign, consumers across the country purchase the pill, which costs $10. Only then do consumers discover that the pill is worthless and that the company intentionally defrauded them.

The Racketeer Influenced and Corrupt Organizations ("RICO") statute provides a …

Using The Master's Tools: Fighting Persistent Police Misconduct With Civil Rico, Steven P. Ragland

American University Law Review

No abstract provided.

Rico-Claim Accrual For Statute Of Limitations Purposes In Civil Rico Causes Of Action: The Third Circuit Strikes Out When Redefinig Its Accrual Rule In Annulli V. Panikkar, Lara Czajkowski Higgins

Villanova Law Review

No abstract provided.

Traffic Jam: Recommendations For Civil Penalties To Curb The Recent Trafficking Of Women From Post-Cold War Russia, Christopher M. Pilkerton

Michigan Journal of Gender & Law

This Article will examine the recent criminal trend of trafficking women from post-Cold War Russia into the United States. First, it will examine the Russian mafia and its development. It will also discuss the system of economic corruption that currently exists in Russia, which facilitates government involvement with this criminal activity. It will further investigate the issues surrounding trafficked women and the international anti-trafficking conventions that have been created by the United Nations. Next, it will go into a deeper discussion of the current status of relevant international law and the issues involving the International Criminal Court. Finally, this Article …

Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal

Michigan Law Review

This Note argues that courts should not apply RICO's pretrial restraint measures to substitute assets. Part I examines the text of RICO's forfeiture provisions in light of recent rulings by the Supreme Court providing guidance in interpreting the statute. Part I concludes that the statute's plain meaning limits pretrial restraint measures to tainted assets. Part II examines language in the legislative history of an earlier attempt to add a substitute asset provision to RICO and in the 1984 change from broad to specific language in the pretrial restraint provision. From this language, Part II concludes that Congress did not intend …

Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard

University of Richmond Law Review

For more than two decades, prosecutors, plaintiffs' lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ("RICO" or the "Act"). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory "liberal" interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act.

Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein

Touro Law Review

No abstract provided.

Extraterritorial Application Of Rico: Protecting U.S. Markets In A Global Economy, Kristen Neller

Michigan Journal of International Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted by Congress in 1970 to combat organized crime in America. Since its enactment, it has been used extensively in both the civil and criminal arenas. With the participation of foreign corporations, foreign subsidiaries, and foreign actors in general in the U.S. economy, it is only a matter of time before foreign defendants will be sued under RICO. This Note will discuss whether RICO should be applied extraterritorially: that is, whether federal courts should assume jurisdiction over foreign entities as defendants in RICO claims. First, RICO's language, legislative history and application …

Rico, Merger, And Double Jeopardy, Earle A. Partington

Seattle University Law Review

This Article will examine RICO as it has been interpreted by the United States Courts of Appeals and the Supreme Court of the United States in an effort to determine the effects that merger and double jeopardy have had in the past, and should have in the future, upon RICO prosecutions. Because the doc- trines of merger and double jeopardy are criminal law principles, only the criminal aspects of RICO will be examined. Initially, this Article will explore the purpose and history of RICO and examine the doctrines of merger and double jeopardy and their application to RICO indictments and …

Reforming Rico: If, Why, And How, Rene Augustine

Vanderbilt Law Review

With its increased use both by prosecutors and private plaintiffs,the RICO statute has prompted a host of criticisms. For instance, some critics argue that Congress intended RICO to battle mafia crimes of the Al Capone genre, but that it has been applied in situations far beyond those Congress originally envisioned. Some seek RICO reform because of concerns that the statute may threaten civil liberties and chill free speech. Unhappiness with RICO has led to some uncommon alliances between diverse groups who wish to reform or repeal the statute. In fact, RICO itself has been applied to a wide variety of …

An Analysis Of The Myths That Bolster Efforts To Rewrite Rico And The Various Proposals For Reform:"Mother Of God-Is This The End Of Rico?", G. Robert Blakey, Thomas A. Perry

Vanderbilt Law Review

In 1970 Congress enacted the Organized Crime Control Act, Title IX of which is known as the Racketeer Influenced and Corrupt Organizations Act, or RICO. Congress enacted the 1970 Act to "strengthen[]the legal tools in the evidence-gathering process, [to] establish[] new penal prohibitions, and [to] provid[e] enhanced sanctions and new remedies .,, RICO covers violence, the provision of illegal goods and services, corruption in labor or management relations, corruption in government, and commercial fraud. Congress found in 1970 that the sanctions and remedies available to combat these crimes under the law then in force were unnecessarily limited in scope and …

Civil Rico - First Amendment - Third Circuit Applies Racketeering Statute To Civil Protestors - Anti-Abortion Protestors Found Liable, Marguerite C. Gualtieri

Villanova Law Review

No abstract provided.

Partaker Or Prey? Futures Commission Merchants Under Civil Rico And The Commodity Exchange Act, Robert G. Lendino

Fordham Urban Law Journal

Racketeer Influenced and Corrupt Organizations Act (RICO) has a civil statutory scheme that broadly allows "any person" to recover damages if he has been injured in his business or property by reason of a defendant's violation of section 1962 the Act. While the statute was aimed at organized crime, it has been used far more against legitimate businesses. Courts continuously wrestle with the broad language of the statute. The author discusses two questions regarding the interpretation of Civil RICO that remain unanswered: whether the same entity can be the "culpable person" and the "enterprise" under Section 1962(a); and if so, …

Criminal Law: Criminal Forfeiture Of Attorneys' Fees Under Rico, Karen S. Russell

Oklahoma Law Review

No abstract provided.

Civil Rico And The Prior Criminal Conviction Requirement: Has The Second Circuit Drawn The Net Too Tightly?—Sedima, S.P.R.L. V. Imrex Co., 741 F.2d 482 (2d Cir. 1984), Cert. Granted, 53 U.S.L.W. 3506 (U.S. Jan. 14, 1985) (No. 84-648), Diana K. Carey

Washington Law Review

This Note analyzes the Second Circuit's decision in Sedima against the background of the explosion of civil RICO suits and judicial attempts to contain that explosion. It concludes that courts should reject the prior criminal conviction requirement. The requirement is unsupported by either the language or the legislative history of the act, and in practice the requirement would frustrate legislative purposes and deny recovery to those victims whom Congress intended the act should compensate. Moreover, the requirement nullifies the purpose of the private attorney general concept. Until Congress acts to redefine the statute, other limitations would create more desirable results …

Criminal Law–Racketeer Influence And Corrupt Organization Act–Defining Enterprise, Judy Broach Proctor

University of Arkansas at Little Rock Law Review

No abstract provided.

The Racketeer Influenced And Corrupt Organizations Act: An Analysis Of The Confusion In Its Application And A Proposal For Reform, Whitney L. Schmidt

Vanderbilt Law Review

This Note will first discuss the technical elements of a RICO violation and set forth the four separate crimes that constitute the statute's central provisions. After then examining RICO's crucial statutory definitions and the confusion reflected in their application, this Note will evaluate the various judicial interpretations of the statute and propose a solution for amending the statute that is harmonious with legislative intent and accommodates the needs of both society and the individual.

United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc

Cleveland State Law Review

The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …

United States V. Sutton: The Sixth Circuit Curbs Abuse Of Rico, The Federal Racketeering Enterprise Statute, William Gorenc

Cleveland State Law Review

The United States v. Sutton decision poses many questions. In a case where the presence of organized crime is evident, why did the majority so severely limit the anti-racketeering statute's application so that its target, organized crime, was beyond its purview? Also, why did the majority allow the confession of illegality to serve as a defense to liability under a criminal statute? Lastly, why did the majority hold contrary to five other circuits and require a showing of legitimacy where the statutory definition of "enterprise" does not specifically require it? This note will attempt to answer these questions. It will …