RICO: Legislative Activity in the 106th Congress (CRS Report for Congress)
| Release Date |
Jan. 11, 2001 |
| Report Number |
RS20377 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The federal Racketeer Influenced and Corrupt Organization (RICO) provisions outlaw the use
of
various state and federal crimes (predicate offenses) to acquire, maintain, or conduct the activities
of a formal or informal enterprise whose activities affect interstate or foreign commerce, 18 U.S.C.
1961-1965. Violations subject offenders to criminal penalties and civil liability.
The RICO legislative proposals introduced in the 106th Congress addressed offenses that their
sponsors believe should be added to the list of predicate offenses. None of these proposals were
enacted before the 106th Congress adjourned.
RICO figured in the appropriations process as well, since the Department of Justice regularly
but unsuccessfully sought specific funds for its RICO litigation against the major tobacco companies,
see e.g., Department of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations for 2000: Hearings Before a Subcomm. On the House Comm. On Appropriations,
Pt.2 , 106th Cong., 1st Sess. 429 (1999). Although originally filed under RICO, the Medical
Care
Recovery Act, 42 U.S.C. 2651 et seq., and the Medicare Secondary Payer provisions of the Social
Security Act, 42 U.S.C. 1395y, all but the RICO portions of the case have been dismissed,
United
States v. Philip Morris , 116 F.Supp. 2d 131 (D.D.C. 2000).
Related CRS Reports include: Doyle, RICO: A Brief Sketch , CRS Report 96-950(pdf)
(Oct. 1999);
Doyle, RICO: An Abridged Sketch , CRS Report RS20376(pdf) (Oct. 1999); and Cohen,
The Federal
Lawsuit Against Tobacco Companies to Recover Health Care Costs , CRS Report RS20091
(Oct.
6, 2000).
