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RICO: Legislative Activity in the 107th Congress (CRS Report for Congress)

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Release Date May 6, 2002
Report Number RS21214
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 (RICO predicates) 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 USA PATRIOT Act added terrorist offenses to the list of RICO predicates. Other proposals introduced in the 107th Congress address offenses that their sponsors believe should be classified as RICO predicates. Still others would expand the remedies available to the victims of RICO violations. RICO has figured in the appropriations process as well. The Justice Department has on several occasions unsuccessfully sought a specific appropriation to fund its RICO civil suit against several major tobacco companies ( United States v. Philip Morris , 116 F.Supp. 2d 131 (D.D.C. 2000), 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). In lieu of the alternative means of funding approved in the past, 28 U.S.C. 509 note, the President's budget for FY2003 calls for direct appropriation support. Related CRS Reports include CRS Report 96-950(pdf) , RICO: A Brief Sketch ; CRS Report RS20736, RICO: An Abridged Sketch ; CRS Report RS20377(pdf) , RICO: Legislative Activity in the 106th Congress ; and CRS Report RS20091, The Federal Lawsuit Against Tobacco Companies to Recover Health Care Costs .