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Rico Forfeitures Have They Become Too Extensive?

1384 words - 6 pages

THE EXPANDED USE OF R.I.C.O.This paper is concentrated on RICO Forfeitures: Have they become too extensive? RICO was created to fight traditional organized crime and its penetration of lawful enterprises. However, the RICO statute was made into a law by Congress and was liberally construed and has been used in unique and some possibly unconstitutional ways. I believe that the interpretation has become too extensive and I will show that crimes that can be prosecuted under RICO greatly stretch the realms of what was originally intended.RICO stands for Racketeering Influenced and Corrupt Organizations Act. Yet, in class one day it was mentioned that there was a movie called "Little Caesar" that had a character named Rico that inspired the naming of this act. Out of curiosity I decided to rent this movie and although it was old, it was very entertaining. The main character Caesar Enrico, who was heavily involved in organized crime, dies as the end of the movie. As in real life, even after the death of his the boss man, the police still couldn't make any improvements to racketeering problems. The judges and prosecutors shown were corrupt and it was messing up the whole justice system. Much of this movie was true to life and I think it is a big coincidence that many years after this movie was made that Congress enacted into law what was supposed to be the solution this type of crime, and named it the RICO law.RICO official stands for Racketeer Influenced and Corrupt Organizations Act. Originally, it seemed the intent of RICO was to set standards that would be used to prosecute traditional organized crime families who were running the streets, especially those that were abusing businesses or labor unions, or were involved in international drug smuggling. "RICO specifically makes unlawful as activities by any person, persons or organization:1. Using income derived from a pattern of racketeering activity to acquire aninterest in an enterprise;2. Acquiring or maintaining an interest in an enterprise through a pattern ofracketeering activity;3. Conducting the affairs of an enterprise through a pattern of racketeeringactivity; and4. Conspiring to commit any of those offenses.(Info found at http://www.ipsn.org/courtcases/racketeerinfluencedandcorruptorganizations.htm)These guidelines have been used liberally and in ways that many people feel are unconstitutional. There is no disputing that RICO has worked well in certain instances when involving the mob. "RICO, coupled with stiffer sentencing policies have taken their toll on organized crime.....Sammy the Bull Gravano, who admitted to participating in nineteen murders, was facing life in prison when he decided to provide the testimony that resulted in a life sentence instead for John Gotti, the head of the Gambino crime family, the last 'boss of all bosses'" (Kerry 89). This has undoubtedly helped with curbing organized crime activity but cannot even compare to the misuses of RICO that also occur. I don't...

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