Preview

Racketeer Influence And Corrupt Organizations Act Of 1970

Powerful Essays
Open Document
Open Document
2014 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Racketeer Influence And Corrupt Organizations Act Of 1970
Racketeer Influenced and Corrupt Organizations Act of 1970

The Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO) was originally put in place to combat the mafia but has become increasingly used to combat corporate schemes as well. The first thing to know is what a racketeer is. A racketeer is defined as a person who obtains money illegally, as by bootlegging, fraud, or extortion. There are lists in other cases used to describe a racketeer using words from arson all the way to witness tampering . The Racketeer Influenced and Corrupt Organizations Act was imposed mainly to be able to prosecute bosses who may order a killing or some other type of illegal activity but have no physical connection with the crime per say .
…show more content…
RICO was aimed at trying to stop the infiltration of organized crime into the business community. It does this by being able to prosecute only by being able to show a pattern of activity and it created powerful criminal and civil penalties. Those treble damages aforementioned were designed to be able to destroy the economic base of organized crime. RICO defines what racketeering activities are and lists a large number of crimes in which members of organized crime commonly engage. It also lists several crimes that aren’t associated with organized crime in the attempt to blanket whatever organized crime may attempt to do, but has resulted in not limiting the RICO application by courts to just organized crime. RICO defines an enterprise as an individual, partnership, corporation, associate, or other legal entity, and union or group of individuals associated in fact although not a legal entity. There has been a lot of dissention in the courts over this definition as to whether or not an enterprise may be illegitimate. RICO defines a pattern of racketeering activity as requiring at least two acts of racketeering activity. Only requiring two acts to show a pattern has caused trouble in the courts, because of how much it leaves open to interpretation and it’s a very broad definition …show more content…
He was acquitted on charges of bribery and extortion. He is 61 years old and sentenced to 28 years in prison. More than one thousand former defendants in Luzerne County Juvenile Court who claim their rights were violated in the kids-for-cash case and 548 of their parents would split about $12.2 million from a proposed settlement of $17.75 million with the developer Robert K Mericle. Mericle admitted to paying $2.1 million to the two judges

You May Also Find These Documents Helpful

  • Good Essays

    There is one legal issue contained in the ethics case regarding the Foreign Corrupt Practices Act. The FCPA makes it unlawful for individuals and businesses to make payments to foreign officials for the purpose of obtaining or retaining business. The FCPA deems these payments as bribes, which are not subject to a materiality amount. Grease payments under the FPCA are permitted as long as they are made to foreign officials in order to expedite their performance of routine duties in which they are required to…

    • 86 Words
    • 1 Page
    Good Essays
  • Better Essays

    (FCPA, section 30A) This defines any foreign official as any ranking official within a foreign organization not meaning only high ranking officials but low ranking officials alike. Including civil employees and government officials alike, by defining this term clearly the act involves any person who is trying to give a bribe or even a donation to a foreign official therefore convicted everyone…

    • 1134 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The acronym RICO stands for Racketeer Influenced and Corrupt Organizations Act. This is a Federal State law that creates certain racketeering offenses that include participating in various criminal schemes and conspiracies that allow government seizure of property acquired of violation of the act. (Hall, 2016). RICO was created in the 70's as a way for Congress to try to curb organized crime in the United States. Today all businesses are subjected to RICO, but it established a RICO violation one must prove that the defendant received money or income. Performed a racketeering activity, invested that money into a business, which is an interstate commerce or affects interstate commerce. (Hall, 2016). The second part is the key to RICO, there has…

    • 224 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The United States is introduced to the Foreign Corrupt Practices Act (“FCPA”), a federal United States law intended to prevent the bribery of foreign government officials in an effort to retain business. The FCPA also requires companies whose securities are listed in the U.S. to adhere to accounting provisions outlined under the Securities Exchange Act of 1934.…

    • 221 Words
    • 1 Page
    Good Essays
  • Good Essays

    Target business for the mob were usually gambling establishment, although they were not limited to such business and had a presence in many businesses. Capone’s syndicate even conducted takeovers of rival gangs business. This was made possible through the massive cash pulled in through bootlegging that would then be used for political protection of his newly acquired business. (Hales and Kazmer 1) Racketeering would remain a common practice in organized crime and eventually lead to legislation that particularly targeted organized crime. The most important act to target organized crime, the Racketeer Influenced and Corrupt Organizations (RICO) act, would not be conceived until 50 years later (Schlmalleger…

    • 1065 Words
    • 5 Pages
    Good Essays
  • Better Essays

    The upbringing of the organization has two facets: create a better environment by helping those in need and the other one is to seize opportunities to gain an advantage over others by strategic force. “The idea of the Mafia is a Robin Hood-like organization in defense of the poor had a long life in Italy. But the sheer brutality of the war against the state puts the validity of the myth in question. There was so much violence and Mafia brutality. That is when the myth of the good Mafia dies. It enters into a period of crisis”(The Star). “Has there ever been a trial during which it has emerged that there is a criminal association called the mafia and that this association has been definitely responsible for or actually committed a crime? Has any document or witness any proof at all which has ever come to light establishing a sure connection between a crime and the so-called mafia? In the absence of such proof, and if we admit that the mafia exists, I’d say it was a secret association for mutual aid, no more and no less than freemasonry. There’s the same amount of proof that the freemasons go in for criminal activity as there is that the mafia exists”(Sciascia…

    • 1293 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Organized crimes are not solely governed by the Italian Mob, they are also connected to other groups like Fuk Ching (Chinese mobsters) the Russian Mafia and a host of other Asian and different ethnic associated groups. The difference between these organizations and some regular crime groups is that the organized crime groups can obtain a wide range of illegal racketeering, money, connections local and international, and simply put, "fear". Due to their street recognition organized- criminals can attain more leeway due to the fear that they inflict on others and because their reputations are worldly recognized for being some of the most smooth talking criminals and assassins. They portray to be people who are to be feared and respected, if not harm can come to those who oppose them and their views. Anything that can bring about money to gain even more power is their ticket. The organized crime associates also have their own spoken rules and regulations, which they are to abide by in order to survive, more so than the set rules that govern our own societies.…

    • 775 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    I would never pay a bribe to get something out of someone. Specially not at my job or in behalf of my company. I believe I have worked really hard to achieve my goals to mess it up. Part of the education I have received so far is to have ethics. Taking a bribe is not only unethical but it is very illegal. Not everyone has ethics so the Foreign Corrupt Practices Act was passed to try to prevent behavior such as bribery. For me I wouldn't do it not only because it's written on paper that I shouldn't, but also because in my heart I know that bribery is an easy way to obtain something. Personally I like to work hard for my achievements. I would hate to lose my integrity as an individual but also as a professional. When running a business I believe…

    • 174 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    As mentioned earlier organized crimes pose many threats to the citizens in their country. They commit crimes such as federal RICO crimes; bribery, sports bribery, counterfeiting, embezzlement of union funds, mail fraud, wire fraud, money laundering, obstruction of justice, murder for hire, drug trafficking, prostitution, sexual exploitation of children, alien smuggling, trafficking in counterfeit goods (fbi.gov,…

    • 1097 Words
    • 5 Pages
    Better Essays
  • Better Essays

    There are a wide variety of criminal offenses that bring attention to public corruption and their investigations. For this essay I will be focusing on embezzlement and its effect on the public. I present to you three investigations of embezzlement that occurred in 2014.…

    • 999 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Some people would say that organized crime has ruined the United States and allowed petty hoods to gain worldwide recognition. Others would disagree and say organized crime is no different than any major corporation in today 's global economy. Some people would say organized crime is the best thing to happen to neighborhoods that law enforcement will not come into. No matter what side of the fence a person falls on, some part of what they believe will be correct, and part will not. During the course of this paper, the author will look at organized crime, identify the problems presented and the various relationships established by organized crime, and describe the legal limitations associated with combating organized crime, including a critique of major federal laws and strategies that support this effort. Finally, the author will suggest a realistic solution to control organized crime by discussing and evaluating the effectiveness of organized crime prosecutions.…

    • 1937 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    (1) From a historical point of view, in traditional Chinese culture, "human" is the social causes of commercial bribery. As everyone knows, China is a exquisite "courtesy demands reciprocity" state, courtesy demands reciprocity core is advocating "human intercourse", in other words, Chinese person standards require that human relations between people.. This traditional culture extends to business, evolved into "If you want to profit from the others, it is necessary to give people the appropriate return" business philosophy. This way, "If you want to earn more profits from the others, you should give greater reward" is taken for granted.…

    • 428 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Anti-Corruption and Bribery Policy HR-PO719, | 1.0 Sharda Centre, Off Karve Road, Erandwane, Pune, Maharashtra, India 411004 www.techmahindra.com Copyright © 2013, Tech Mahindra. All rights reserved. Company-Confidential ANTI-CORRUPTION AND BRIBERY POLICY Table of Contents 1. POLICY STATEMENT .................................................................................................................. 3 2. APPLICABILITY ............................................................................................................................ 3 3. DEFINITION .................................................................................................................................. 3 4. GIFTS AND HOSPITALITY .......................................................................................................... 3 5. WHAT IS NOT ACCEPTABLE...................................................................................................... 4 6. FACILITATION PAYMENTS AND KICKBACKS .......................................................................... 4 7. DONATIONS ................................................................................................................................. 5 8. RESPONSIBILITIES OF ASSOCIATES…

    • 3142 Words
    • 16 Pages
    Powerful Essays
  • Powerful Essays

    General Clauses Act, 1897, anything done or any action taken or purported to have been done or taken under or in pursuance of the Acts so…

    • 5311 Words
    • 22 Pages
    Powerful Essays
  • Good Essays

    Does the issue about the Republic Act No. 9160 ring a bell? Well, if the people followed the former CJ Corona impeachment trial case not very long time ago, then those small terms will not be new to the people’s ears. As a matter of fact, Corona was found guilty. However, not everyone is familiar with this certain Act as not all Filipinos followed the trial closely.…

    • 1099 Words
    • 5 Pages
    Good Essays