RICO: An Abridged Sketch (CRS Report for Congress)
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| Release Date |
Revised Aug. 3, 2021 |
| Report Number |
RS20376 |
| Report Type |
Report |
| Authors |
Charles Doyle, Senior Specialist in American Public Law |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Congress enacted the federal Racketeer Influenced and Corrupt Organization (RICO) provisions
as part of the Organized Crime Control Act of 1970, 18 U.S.C. 1961-1968. In spite of its name
and origin, RICO is not limited to “mobsters” or members of “organized crime” as those terms
are popularly understood. Rather, it covers those activities which Congress felt characterized the
conduct of organized crime, no matter who actually engages in them. RICO proscribes no
conduct that is not otherwise prohibited. Instead it enlarges the civil and criminal consequences,
under some circumstances, of a list of state and federal crimes.
RICO condemns: (1) any person, (2) who (a) invests in, or (b) acquires or maintains an interest in,
or (c) conducts or participates in the affairs of, or (d) conspires to invest in, acquire, or conduct
the affairs of (3) an enterprise (4) which (a) engages in, or (b) whose activities affect, interstate or
foreign commerce (5) through (a) the collection of an unlawful debt, or (b) the patterned
commission of various state and federal crimes (“racketeering activities” sometimes referred to as
“predicate offenses”). Violations are punishable by fines, forfeiture, and imprisonment for not
more than 20 years or life if one of the predicate offenses carries such a penalty.
Civil RICO permits anyone injured in their business or property by a RICO violation to recover
treble damages, costs and attorneys’ fees. In exceptional cases, at least at the behest of the
government, the courts will enjoin further RICO violations, order divestiture, dissolution or
reorganization, or restrict an offender’s future professional or investment activities. RICO comes
with tailored provisions for venue and service of process, expedited judicial action in civil cases
brought by the United States, in camera proceedings, and for the use of civil investigative
demands.
This is an abridgement of a report, which with full citations, footnotes, and various appendixes,
appears as CRS Report 96-950, RICO: A Brief Sketch, by Charles Doyle.
