RICO Civil Remedies

By LandMark Publications

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of 18 U.S. Code ? 1964 of the Racketeer Influenced and Corrupt Organizations Act. * * *Congress enacted the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. ?? 1961 et seq., commonly known as "RICO," to "eradicat[e] * * * organized crime in the United States by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime," United States v. Turkette, 452 U.S. 576, 588, 101 S.Ct. 2524, 69 L.Ed.2d 246 (1981) (quoting Organized Crime Control Act of 1970, Pub.L. No. 91-452, 84 Stat. 922, 923 (Oct. 15, 1970)). Hourani v. Mirtchev, 796 F. 3d 1 (DC Cir. 2015)To that end, RICO authorizes both criminal penalties, 18 U.S.C. ? 1963, and civil remedies, id. ? 1964, against those who engage in a "pattern of racketeering activity" through or involving an "enterprise," id. ? 1962. "[R]acketeering activity" means the commission or threatened commission of any of a long list of state and federal crimes, including "murder, kidnapping, * * * robbery, bribery, extortion," and witness tampering. Id. ? 1961(1).RICO, however, only targets a "pattern" of such racketeering activity, which means the commission of at least two acts of racketeering within a certain period of time (generally ten years). 18 U.S.C. ? 1961(5). The commission of those acts must be through an "enterprise," which is defined to include "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity[.]" Id. ? 1961(4).RICO prohibits "any person employed by or associated with any enterprise" that affects interstate or foreign commerce from "conduct[ing] or participat[ing], directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity," 18 U.S.C. ? 1962(c), or conspiring to do so, see id. ? 1962(d).

• Format: Paperback
• Language: English
• ISBN: 1980488630
• ISBN13: 9781980488637
• Release Date: March 2018
• Publisher: Independently published
• Length: 502 Pages
• Weight: 1.84 lbs.
• Dimensions: 9.0" x 1.1" x 6.0"