The R.I.C.O. Statute By UN CICP
Why Is Organized Crime So Difficult to Fight? n It is a hidden phenomenon n It is produced by organizations that have: –hierarchical structures and code of silence –use violence and corruption n Makes a lot of money therefore n It is a financial and/or political problem.
How Police and Prosecution deal with “normal crime” n Investigate and arrest criminals case by case n Not inter-connecting crimes. n Results: –USA and Italy: denying of existence of OC –Mexico: no boss being arrested in drug charges
How to get result against OC n Evidence –Wire taping. –Undercover operations. –Collaborating and protected witness programs. n Offenses –Organized crime –Money Laundering
Racketeering Influenced and Corrupt Organization (RICO) n by Robert Blakey from the US DOJ n Pass in Only in 1982 against (LCN) n Makes a Federal crime to be part of an enterprise engaged in a pattern of racketeering activity n Or collected unlawful debt
What is pattern of racketeering activity? n Two or more offenses of racketeering activity n Under RICO, to commit or threaten to commit a violent crime in furtherance of the criminal enterprise
RICO Enterprise n A partnership n Association n Corporation or n Other entity or group of individuals associated in fact
Civil RICO n Judicial authority to enforce by: –Dissolving the enterprise –Other remedies in the courts discretion –Removing individuals n Victims may sue for threefold damages
Continuing Criminal Enterprise, Drugs n A person who: –Violates the ‘Drugs’ law in a continuing pattern –Who manages at least 5 others and –Who gains substantial income n Death sentence available
Civil Forfeiture Law n Any property identified as a proceed of crime is subject to forfeiture n Not subject to strict criminal evidentiary rules n Law functions independently from criminal case
Background n 1968 Omnibus Law against street crime –Title III allows wiretapping and covert electronic surveillance –undercover operations allowed n Plea bargaining n Witness Protection Program