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…show more content…
Stat. 895.02), that the defendants in the criminal action were members of the racketeering enterprise, and that the racketeering conduct by the defendants was committed for the purpose of maintaining or advancing their positions in the racketeering enterprise” (Criminal Law 472). What these rubrics ensure is that it is able to be proven that a project or business was or is organized and was or is operating in attempts to make profit by illegal means. It must be proven with evidence or testimony that the defendants partook of these activities in order to keep their high level status or to gain status within the business. It may also be noted that the two incidents of racketeering need to have occurred within ten years of one another in order to uphold RICO laws. Also, many states have created their own RICO-like laws that envelop and uphold many of the statutes of RICO itself, in attempts to prevent any loophole activity from occurring. If a conviction is apprehended then the defendant(s) is often subject to pay back numerous monetary sums including but not limited to, funds that were accrued during the illegal activity, treble damages, as well as court and attorney fees. There are a number of differing opinions on the RICO statute, include some of which that feel as though RICO is overstepping some of its Constitutional bounds. The biggest Constitutional upheaval that could be claimed would be
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