Law Commons^™

Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella

Northern Illinois University Law Review

This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.

The Pattern Requirement Of Civil Rico: H.J. Inc. V. Northwestern Bell Telephone Co., Robbie J. Dimon

Georgia State University Law Review

No abstract provided.

Current Rico Policies Of The Department Of Justice, Edward S.G. Dennis, Jr.

Vanderbilt Law Review

In H.J. Inc. v. Northwestern Bell Telephone Co. the United States Supreme Court issued its latest opinion interpreting the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO).' The H.J. Inc. decision comes at a time when the RICO statute is at the center of controversy. Those opposed to private treble damages suits particularly attack the statute. The defense bar attacks the use of the statute in white-collar prosecutions, especially in those cases involving securities fraud. If the defense bar has its way in Congress, RICO could not be invoked in cases involving fraud alone. The criminal defense bar …

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 …

Introductory Remarks And A Comment On Civil Rico's Remedial Provisions, Robert K. Rasmussen

Vanderbilt Law Review

This Symposium comes at a very opportune time. RICO seems to be on everyone's mind. The attention that RICO has garnered in the last few years in the courts, the press, and the legal academy has in-creased steadily, and the cries for change, at least from some quarters,have become deafening. Judge David Sentelle of the D.C. Circuit Courtof Appeals recently labeled RICO "The Monster That Ate Jurisprudence;" Chief Justice William Rehnquist has repeatedly called for a defederalization of RICO; and groups as diverse as the Wall Street Journal, the Washington Post, and the American Civil Liberties Union have argued vociferously …

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 …

A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch

Vanderbilt Law Review

RICO is nearing its twentieth birthday,' but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.

As the pressure for change has intensified, 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.

Symposium: Law And The Continuing Enterprise: Perspectives On Rico: Foreword, G. Robert Blakey

Journal Articles

The past twenty years witnessed a sea change in the way that organized crime is investigated, prosecuted, and sanctioned, both criminally and civilly. RICO allowed the law to catch up with the rest of society. In the twentieth century, organizations, not people, control the important elements of society such as: government, commerce and labor. Until the passage of RICO, organizations as such were seldom the fcus of the law-outside of, perhaps, the antitrust statutes. This is no longer true.

RICO, however, is not limited to the activities of traditional Mafia families. It does not matter to a racketeering victim what …

Foreword: Debunking Rico's Myriad Myths, G. Robert Blakey

Journal Articles

Foreword: In January of 1931, Warner Brothers-First National released a film entitled Little Caesar. Based on a book by W. R. Burnett, the movie, loosely portraying the life of Alphonse Capone, starred Edward G. Robinson in its title role, Caesar Enrico Bandello, also known as "Little Caesar," or “Rico.” Robinson, as he lies dying, utters one of the most famous end lines in film history: “Mother of Mercy–is this the end of Rico?” Likewise, no one who looks at this Symposium–or others7-or the seemingly inevitable march of RICO reform (chloroform?) legislation through Congress–or the endless efforts of the federal …

The Application Of Rico To International Terrorism, Zvi Joseph

Fordham Law Review

No abstract provided.

What's Next?: The Future Of Rico, G. Robert Blakey, John C. Coffee, Paul E. Coffey, L. Gordon Crovitz

Journal Articles

Editor's Note: After the presentation of the articles, the symposium concluded with a structured debate and an open discussion. The participants in the debate were Professor Blakey and Mr. Crovitz. The ensuing discussion was moderated by Professor Coffee and featured Professor Blakey, Mr. Coffey, and Mr. Crovitz, as well as questions from the audience. The edited transcript is presented here.