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RICO-Criminal Law

Describing RICO
by

skylar clark

on 10 April 2011

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Transcript of RICO-Criminal Law

RICO By: Skylar Clark Racketeer Influenced and Corrupt Organization What Does "racketeering mean? (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical.
(B) any act which is indictable under any of the following provisions of title 18, United States Code: relating to bribery, sports bribery, counterfeiting, theft from interstate shipment, obscene matter, etc.. At first, RICO was meant to get rid of the mafia. In the 1980’s, Congress realized that any civil claim to be brought by any person injured in their property is a RICO violation. If the person won the RICO claim, they would receive the amount of three times more then their actual damages and would be awarded their costs and attorneys' fees. This inspired everyone to try to have their civil claim fall under the RICO act. Because of RICO’s broad function, it was easy for lawyers to portray their cases under the RICO act. RICO Law: What was the original intent? Basically, to get rid of the Mafia. Other groups added to the RICO act.. Hells Angels Key West PD Winter Hill Gang Major League Baseball Latin Kings What does "trusteeship" mean?!? "A person injured as a result of a RICO violation can recover treble damages and reasonable attorneys’ fees. In order to prove a RICO violation, the person must be able to show that he or she was injured by a person associated with an “enterprise” that has been engaging in a “pattern of racketeering,” which consists of at least two “predicate acts” during a ten-year period." (USLegal) 15 "Predicate Acts": 1. Secruity fraud 2. Mail fraud 3. Black Mail 4. Tampering with federal grand jury. 5. Obstruction 6. False Entry 7. Bank Fraud 7. Bank Fraud 8. Extortion 9. Wire Fraud 10. extortionate credit transactions 11. Obtaining of Property 12. Threats of Physical Violence I was a little confused on this question..all I could find about Jol Silversmith is how the 13th Amendment is missing?!? The 13th Amendment is the Emancipation Proclamation..so.. Reason 1 on Why they critcize RICO: It threatens business civil liberities Reason 2 on why they critcize Rico: Works Cited
-http://law.jrank.org/pages/9629/Racketeering-RICO-IN-NEED-FEFORM.html

-http://www.ricoact.com/ricoact/nutshell.asp#property

-http://definitions.uslegal.com/r/racketeering-influenced-and-corrupt-organizations-act-rico/

-legal-dictionary.thefreedictionary.com/Racketeering

-google.com/image The language of the act is too broad so it can involve cases involving malpractice Reason 3 on why they critcize RICO:
There is no criminal convictions are necessary to win a civil case under the act.
Reason 1:
RICO uses predicate acts that become apart of rackteering (muder, robbery, bribery, etc) Reason 2:

"When criminal organizations operate in several states, their offenses would normally have to be prosecuted separately in the states of federal judicial districts where the individual crimes occurred; however, by defining these offenses as part of a single pattern, the entire pattern can be prosecuted together as a single crime in any federal district where one of the predicate acts occurred. Procedural rules limiting the joinder of crimes or of defendants in a single indictment are inapplicable once the separate crimes or offenders are conceptualized as part of a single "racketeering enterprise" jointly committing the same crime." (RICO Effects)
Reason 3:
When the crimes are grouped and under RICO, the criminal gets a longer sentence. For example, a crime that would be a 10 year sentence would turn into a 35 year sentence under RICO. What I think about RICO.. I believe the longer sentences under RICO would deter criminals from committing crimes that could possibly fall under RICO. The only problem I see with RICO is that it is too broad.This could be bad for businesses with employees who claim something under RICO. But if you do the crime.. You gotta do the time.
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