Federal RICO Statutes Essay

Federal RICO Statutes Essay

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RICO, which stands for Racketeering Influenced and Corrupt Organizations Act, was created in 1970 by the United States Government as a way to help courts fight organized crime. These types of organized crime are often called white collar crimes and they can range from fraud and embezzlement to bribery. Before RICO was established it was far too easy for a person higher up the ladder or ranks of a company or gang to dodge any sort of prosecution for their actions simply because they were not the person who actually did whatever deeds that were being prosecuted. Instead, said person would hold to the liability of others for acting out on their orders, making such persons the only viable criminal, because they were the ones who actively carried out the criminal activity, regardless of how involved they were in the did planning or organizing of the crime. With the development of RICO, it is now possible to hold numerous affiliates accountable for the crimes they have committed or constructed. It could be argued that RICO undermines the Fifth Amendment in the areas of due process yet RICO is proving to be a most beneficial Act for our growing Nation, courts, and legal system. Now there is a much broader ability to find racketeering affiliates guilty, in order to ensure a crippling blow to organized crime in hopes to disband other current and future racketeers.
As with any Act or law in our judicial system, it is found that there are a number of necessary regulations or proofs stated in Criminal Law the Eleventh Edition, by Thomas J. Gardner and Terry M. Anderson, in order to ensure a conviction and uphold RICO against the defendant(s) in a court of law, four things must be proven by the prosecution:
“That the enterprise existed and w...

... middle of paper ...

...ered victim to National Steel’s activities it was to be the state of New York due to being the more immediate victim over Ideal, thus the Ideal Steel claim was dismissed because it was too incidental to uphold.

Works Cited

"FEDERAL STATUTES -- RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT -- EN BANC NINTH CIRCUIT HOLDS THAT RICO ENTERPRISE NEED NOT HAVE ANY PARTICULAR ORGANIZATIONAL STRUCTURE. -- Odom V. Microsoft Corp., 486 F.3D 541 (9Th Cir. 2007) (En Banc), Cert..." Harvard Law Review 121.6 (2008): 1652-1659. Academic Search Premier. Web. 11 Nov. 2011.
Mount, Steve. "Constitutional Topic: The Due Process." USConstitution.net. 3 Jan. 2011. 27 Feb. 2011 . Web. 11 Nov. 2011
Gordon, Randy D. "Clarity And Confusion: RICO's Recent Trips To The United States Supreme Court." Tulane Law Review 85.3 (2011): 677-716. Academic Search Complete. Web. 11 Nov. 2011.

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