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RICO and the Constitution |
| Section: MODERN THOUGHT / EQUAL ACCESS TO JUSTICE? |
| Author: Gerald B. Lefcourt |
| Publication: The world & I online |
| Issue Date: 6/1/1991 |
| Size: 6,507 Words, 41,753 Characters |
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Although legislation to curb racketeering became effective in 1970, it was not for at least ten years that prosecutors began to use it with any regularity. In the early stages of its development, Racketeer Influenced, Corrupt Organization (RICO) was applied in the context of traditional alleged "organized crime" groups--Mafia "families" or other structured criminal organizations. The bench and the bar so uniformly disapproves of "organized crime" that, in RICO's incipient phase, they exalted its excesses. As a result, they have permitted their agreement with RICO's goals to overcome the proper alarm they should feel about its means. Now, almost twenty years after RICO became law, the very same people who have supported RICO when it has been used against traditional "organized crime" questi...
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...h an enterprise are themselves vague; in addition, their vagueness is compounded by the ambiguity inherent in some of the more frequently used predicate offenses--mail and wire fraud, and "generic" state crimes--and the relationships between these uncertain terms. If RICO seems unfair, it is because it is. If that unfairness seems to offend constitutional principles, that is because it does.
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