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Oreto, 37 F.3d 739 (1st Cir. 1994). The 2st Circuit rejected the defendant's claim that requiring two predicate acts for conviction under one theory of liability but only one act for conviction under "loan sharking," violated equal protection.
Due Process. The forfeiture provisions of RICO have been criticized for violating the Due Process Clause of the Fourteenth Amendment. Numerous cases have rejected this criticism including U.S. v. Nichols, (10th Cir. 1994).
Tenth Amendment. Arguments that RICO unconstitutionally intrudes upon state sovereignty in violation of this Amendment have all been summarily rejected. U.S. v. Thompson, 685 F.2d 993-1001 (6th Cir. 1982).
Most experts agree that RICO has been abused since its first effective use against the Mafia in the 1980s. For certain, it has virtually destroyed the Mafia -- Blakey's intended goal and its only intended purpose at the time. However, even prior to the first Mafia convictions under its statutes, the moneymaking possibilities of its triple damages clause became difficult to pass up, and the definitions of "racketeering" were expanded on a case-by-case basis to take advantage of them for cases not even remotely connected to the original intent of the bill. However, the RICO Act has survived all constitutional and legal challenges, as well as the doubts and questions about its ever-increasing scope of application.
Contemporary Issues (Walker, 2010)
Under RICO, the Obama administration is seeking a $300 billion judgment against the tobacco industry for their 50 years of deceiving the American public that "has cost the lives and damaged the health of untold millions of Americans." Previous court rulings that barred the government from collecting $280 billion in past tobacco company profits are requested to be thrown out. At the same time, a group of tobacco companies are asking the Court to throw out any past rulings that the tobacco companies purposely and illegally hid the dangers of cigarette smoking.
In February, 2010, SK Foods, grower, processor and distributor of tomato and other food products nationwide, has been indicted under RICO on seven charges including defrauding SK Foods' corporate customers through bribery and food misbranding and adulteration. Wire fraud charges and obstruction of justice are also included.
The Supreme Court, in January, 2010, ruled against New York City and their effort to use RICO to sue Internet cigarette sellers. New York's suit charged Hemi Group with fraud for its failure to provide customer information to the state. The court's states opinion was that New York City simply could not use the racketeering law to collect tobacco taxes from the defendant.
February, 2010. Scott Rothstein, a disbarred Florida lawyer who is alleged to have swindled investors out of $1.2 billion, is being sued by the federal government under RICO for mail, wire, and bank fraud in addition to money laundering. In a typical Ponzi-scheme, Rothstein and his cohorts sold fake legal settlements to investors.
RICO cannot be considered just another criminal statute. It covers civil law as well, and has been used to battle everything from the Catholic Church to spouses who attempt to hide assets in divorce proceedings. To some the law is a godsend with a wide and liberal net. To others the application of RICO has brought concerns about an overreaching government and abuse of some defendants' Constitutional rights. Constitutional challenges have been numerous.
But RICO stands as a beacon to warn all those who defy it that it has conquered almost every foe, every challenge, and remains in full force.
AJFL. (2004). Divorce law determines how much property forfeited under RICO. American Journal of Family Law (AJFL), 175(3). Gordon, M. (2002). Ideas shoot bullets: How the RICO Act became a potent weapon in the war against organized crime. Retrieved March 15, 2010, from Villanova.edu: http://www.publications.villanova.edu/Concept/2003/Gordon%20Formatted%20Paper.htm
Harvard Law Review Assoc. . (2008). Ninth circuit holds that RICO enterprise need not have any particular organizational structure. Harvard Law Review, 1652(8).
Holt, M., & Davis, K. (Spring 2009). Racketeer influenced and corrupt organizations. (Twenty-fourth annual survey of white collar crime). American Criminal Law Review, 975+.
Jacobs, J., & Peters, E. (2003). Labor racketeering: The Mafia and the unions. Crime and Justice: A Review of Research, 229-282.
Jones, a., Satory, J., & Mace, T. (Spring 2002). Racketeer influenced and corrupt organizations.( RICO Act). American Criminal Law Review, 977(59).
Nisbet, B. (2009). What can RICO not do?: RICO and the non-economic instrastate enterprise that perpetrates only non-economic racketeering activity. Journal of Criminal Law and Criminology (Gale A202253315), 509+.
Reinhart, C. (2006, August 10). Definition of racketeering. Retrieved March 15, 2010, from ct.gov: http://www.cga.ct.gov/2006/rpt/2006-R-0484.htm
Walker, T. (2010). Federal (RICO) and state racketeering act litigation. Retrieved March 16,…[continue]
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Moreover, a prosecution of the core leadership of an organization under RICO charges is likely to produce revelations concerning the relationship between leadership and other members who are either guilty of racketeering or some lesser scope of individual crime. This is to say that RICO was essentially designed to push the door open on the activities of such typically obscured enterprises in order to systematically disrupt its initiatives and
RICO The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law that was passed in 1970. This law permits the trial and prosecution for actions that are performed as part of an ongoing criminal enterprise. Actions that include such criminal behavior has illegal gambling, bribery, murder and money laundering are all typical of RICO violations. The RICO act was intended to bring down crime families and mafia organizations or other
Since RICO focuses on a pattern of behavior instead of just on the criminal acts that are involved prosecutors find it relatively easy to prove these cases. If an organization is convicted of committing two of the specified crimes within a ten-year period then they can be convicted of racketeering. Legitimate business owners deserve to have protection from groups that wish to pursue illegal activity. The RICO Act was put into
Gambino Drug Family." Their entire drig business was based in New York City. This paper will mirror the Gambino's nationwide and international structure and operating techniques relating to the drug business. Likewise a contrast of the Gambino's from their past to present function in prohibition, drug nexus, political corruption, and various other criminal activities will be analyzed. Gradually, the Gambino household had different business interests that made them much
Organized Crime The Latino organized crime outfit that I have chosen to target for prosecution is the Nortenos. This is a street level gang that operates out of Salinas, California, and in other surrounding towns. There is evidence that indicates that this organized crime outfit participates in a hierarchy (Jameson, 1974, p. 395) of gang activity within California, which is principally controlled by the Nuestra Familia gang, which has been existent
S. And maintain approximately as many members (both domestically and abroad) as the Hell's Angels. Their criminal activities are more focused on the manufacturing, distribution, and sales of cocaine, marijuana, and methamphetamines. The banditos use "puppet" or minor affiliate clubs who are not themselves Banditos but operate with the Banditos' authority and conduct some the parent club's criminal activities on their behalf. Conclusion: In the modern era, widespread crackdowns and joint operations
Organized crime has existed in society for hundreds of years in one form or another. It generally exists in prosperous societies where strong class distinctions -- sometimes brutally enforced -- exist. The history and dealings associated with major crime organizations have been well documented. In this paper, the effect of La Cosa Nostra (Our Thing or Cause) will be discussed in relation to its effects on modern society. This paper