Wednesday, November 20, 2019
Criminal Law U5IP Research Paper Example | Topics and Well Written Essays - 250 words
Criminal Law U5IP - Research Paper Example in interstate commerce through a pattern of racketeering activity; 3) participating in the conduct of a business engaged in interstate commerce through a pattern of racketeering activity, and 4) conspiring to violate any of the above (section 1962). In order for a RICO claim to succeed the plaintiff must show that the conduct of the enterprise or business is through a pattern of activity connected to racketeering. Prior to the enactment of the RICO Act it was difficult to combat racketeering activities (Batista 2007). It was only possible to convict lower ranking members in the rackets as they were directly involved in illegal activities. This meant that racketeering activities still affected businesses and the economy as the higher ranking members were harder to prosecute since they were not directly connected with the illegal activities. The RICO Act provides prosecutors with a tool to fight organized crime (McNeill 2009). The RICO Act is remarkably effective in combating organized crime as it does not require proving that the suspect committed an illegal act but rather that the individual owns or manages an enterprise that regularly conducts an illegal activity prohibited by the Act (Batista 2005). The RICO Act is given a ve ry wide interpretation, and as such legal issues will always arise out of its interpretation and application. The RICO criminal defense practice will, therefore, remain relevant as long as the Act is in use. Racketeer Influenced and Corrupt Organizations Act (RICO), Title IX of the Organized Crime Control Act of 1970, Pub. L. No. 91-452, 84 Stat. 941 (Oct. 15, 1970), codified at 18 U.S.C. Ch. 96,
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