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The Mob And Ford Motor Company: The Seventh Circuit's Enterprising Approach To The Rico Double Jeopardy Problem, Rita Greggio

Seventh Circuit Review

Conspiracies that overlap in time, place, persons, and objectives are often charged under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a complex statutory scheme that criminalizes the on-going and multifaceted activities of illicit enterprises like the mob. Such prosecutions, however, are particularly susceptible to double jeopardy claims. The Constitution's double jeopardy clause protects defendants from multiple prosecutions or punishments for the same offense. Although the Supreme Court has held that this constitutional protection is a fundamental right, courts have struggled to establish guidelines for determining the parameters of the term "same offense." This struggle is at the heart of …