Federal RICO Statutes Essay

Federal RICO Statutes Essay

Length: 1605 words (4.6 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay on Structure of the Federal Court System

- Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges....   [tags: United States Constitution, Confederation]

Powerful Essays
1304 words (3.7 pages)

Puerto Rico And Its Effects On America Essay

- Puerto Rico, the island that for many years has been known as a beautiful vacation spot. However, Puerto Rico is an island of 3.5 million people which is currently facing a 70 billion dollar public debt. The governor of Puerto Rico, Alejandro Padilla, said “Considering the state of our economy the debt is not payable. This is not politics. This is math.” Puerto Rico’s current 70 billion dollar debt is wreaking havoc on the island. The poverty rate is 45%, 150 schools have been shut down, and the sales tax has increased from 7% to 11.5% which is higher than any sales taxes anywhere in the U.S.....   [tags: Puerto Rico]

Powerful Essays
1298 words (3.7 pages)

Puerto Rico And Its Effects On The Economy Essay examples

- A sugar plantation in Puerto Rico being harvested. The colonization of Puerto Rico by the Americans resulted to a decline in the economy; the presence of the American took every opportunity that the people of Puerto Rico had. In addition, colonization made Puerto Rico a foreign country; this made the import tax to increase rapidly. The Americans took the economy of that country from their hands and into their own; they controlled everything for the time that they colonized the country. In addition, all the farmers were forced to work for the Americans under severe conditions and less wages, thus declining the economy of Puerto Rico....   [tags: United States, Puerto Rico]

Powerful Essays
788 words (2.3 pages)

Independence The Solution For Puerto Rico Essay examples

- Independence-The Solution for Puerto Rico Recently, Puerto Rico declared it was bankrupt and could not repay its debt. As of October 27, 2016, the Harvard Law School: Bankruptcy Roundtable Managing Editor, Robert Niles stated, “With over $70 billion in debt and little cash to fund its ongoing operations, Puerto Rico remains in a state of fiscal crisis. After this summer’s decision by the First Circuit affirming that Puerto Rico’s attempt at legislative self-help, the so-called “Recovery Act was unconstitutional, the Commonwealth was left to negotiate with its many creditors or else seek relief from the federal government....   [tags: Puerto Rico, United States, U.S. state]

Powerful Essays
1785 words (5.1 pages)

Puerto Rico And The United States Essay

- Puerto Rico also known as the Commonwealth of Puerto Rico, is an island nestled in between the Caribbean Sea and the North Atlantic Ocean in the Caribbean. It has a population of Puerto Rico is 3,474,182 (United States Consensus, 2015) and is 13,791 sq. km. This particular island is unique because it encompasses the strong Puerto Rican traditions, but fall under The United States of America’s jurisdiction. This came after Spain relinquished Puerto Rico to the United States under the terms outlined in the Treaty of Paris....   [tags: United States, U.S. state, Puerto Rico]

Powerful Essays
802 words (2.3 pages)

Puerto Rico : An Outbreak Of The Zika Virus Essay

- Puerto Rico is suffering from an outbreak of the Zika virus -- a virus spread via mosquito bite and causing joint pain, fever and rashes -- that has infected six hundred and eighty-three Puerto Ricans and killed one, and they are are on the brink of cutting their public health budget. Puerto Rico is making these cuts because they are $72 billion in debt and $30 billion behind in pension payments. The situation is unprecedented, and until 2015, Puerto Rico had never defaulted on any of its debts, but now Puerto Rican Secretary of Treasury Zaragoza says the island will run out of money June 30, 2016....   [tags: United States, Puerto Rico]

Powerful Essays
1733 words (5 pages)

Puerto Rico Vs. Germany Essay

- Puerto Rico vs. Germany The thought of traveling sounds so fun, interesting and spontaneous. The two places I hope to travel to the most are Puerto Rico and Germany. I would like to travel to Puerto Rico because I would love to learn more about the place I was descended from. My reasoning for wanting to travel to Germany is because it’s outside the U.S. I have never been to another country, and I’m curious to see how different it is from here. I also picked two places that are very different from each other, so I could have a total different experience on each trip....   [tags: United States, Republic, Rum, Puerto Rico]

Powerful Essays
1053 words (3 pages)

Essay on Puerto Rico As A State Of The United States

- Do you think Puerto Rico should become the 51st state. 61% of Puerto Ricans say yes. Puerto Rico as a state of the United States could benefits both the US and PR. Through fixing both crime rate, to bringing more economic success. Although both the US and PR had their own pros and cons on whether Puerto Rico become the 51st state or not. Puerto Rico has been a commonwealth of the United States for over many years. Many Americans and Puerto Ricans think that Puerto Rico should not be the 51st state because it has their advantages and disadvantage....   [tags: Puerto Rico, United States, U.S. state]

Powerful Essays
1496 words (4.3 pages)

Essay on The Future of Puerto Rico

- Whether or not Puerto Rico becomes the 51st state of the United States of America is an important issue that has been pondered for the last fifty years. Puerto Rico is currently a Commonwealth of the United States and has been under U.S. rule for a century. Spain ruled Puerto Rico for about 400 years prior to the U.S. take-over in 1898. The current and pertinent issue, though, is whether Puerto Rico will remain a Commonwealth of the U.S., become the 51st state, or gain independence. In "Doing Right by Puerto Rico," the former governor of Puerto Rico (1973-1976, 1985-1992) argues that Congress must take action....   [tags: Puerto Rico International Politics Essays Papers]

Powerful Essays
2905 words (8.3 pages)

Pennsylvania State Statutes Dealing With Education Essay

- 1. Pennsylvania state statutes dealing with education are governed by the Pennsylvania State Board of Education (http://www.stateboard.education.pa.gov/Pages/default.aspx), which was established by the General Assembly (http://www.legis.state.pa.us). Those statutes are as follows are found within the Public School Code of 1949 (available in full at http://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1949/0/0014..HTM) The major categories within this document deal with the State Board of Education, regulation of private schools, financial matters, higher education governance, education standards, and regulation of employees....   [tags: Supreme Court of the United States, United States]

Powerful Essays
1752 words (5 pages)