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Rico reform

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice

Published: 1987

Total Pages: 886


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... More recently, civil RICO, another attempt to promote commercial integrity, has evoked institutional criticism and has been targeted for reform. ... RICO's civil provisions were specifically designed to deter enterprise criminality by authorizing treble damage awards and attorneys fees for successful plaintiffs. ... (1) in paragraph (1), by striking out racketeering and inserting predicate criminal in lieu thereof; ... Section 1968 of title 18, United States Code, is amended by inserting or fraud after racketeering each place it appears. ... (1) in paragraph (1), by striking out racketeering the first place it appears and inserting illicit in lieu thereof; (2) in paragraph (5), by striking out racketeering each place it appears and inserting illicit in lieu thereof; (3) in paragraph (7), by striking out racketeering each place it appears and inserting criminal in lieu thereof; and ... (1) in paragraph (1), by striking out racketeering the first place it appears and inserting illicit in lieu thereof; (2) in paragraph (5), by striking out racketeering each place it appears and inserting illicit in lieu thereof; ... (2) in paragraph (5), by striking out racketeering each place it appears and inserting illicit in lieu thereof; ... (2) in paragraph (5), by striking out racketeering each place it appears and inserting illicit in lieu thereof.

RICO Reform

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice

Published: 1987

Total Pages: 1322


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... Since coming into vogue in the mid-1980s, civil RICO has often been criticized and targeted for reform. ... Congress intended that RICO's treble damages provision, along with attorney's fees, would deter criminal activity by encouraging private attorneys general to sue on behalf of persons injured by RICO violations. ... Professor Abrams asserts that such a gatekeeper would bring the exercise of prosecutorial discretion to civil RICO. ... Further analysis of Professor Abrams's gatekeeper proposal will show that it rests on three mistaken premises: (1) that civil RICO is primarily a criminal enforcement mechanism; (2) that civil RICO's primary rationale is to provide private attorneys general; and (3) that RICO abuse is caused by the lack of prosecutorial discretion. ... For example, beyond proof of a pattern of fraud or other racketeering activity, a RICO plaintiff also must prove the existence of an enterprise. ... Underlying Professor Abrams's gatekeeper proposal is the belief that existing remedies against RICO abuse are inadequate. ... Moreover, the civil RICO gatekeeper as proposed by Professor Abrams also should be rejected. ... (i) the duration of the criminal activity and the degree to which each predicate act inflicted independent injury; ... As conceived by Professor Abrams, however, this proposal ignores civil RICO's remedial purposes.

RICO Reform

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice

Published: 1989

Total Pages: 1292


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