Organized Crime Final

Topics: Organized crime, Crime, Federal Bureau of Investigation Pages: 6 (2251 words) Published: March 2, 2014

CRIMJ 3320

1. Discuss how the Internal Revenue Code, the Comprehensive Drug Abuse Prevention and Control Act of 1970, the Hobbs Act and the RICO Act are used against organized crime. Give historic details of the ACTS and its effect on organized crime. The Internal Revenue Code is found as Title 26 of the United States Code, a collection of all federal laws. The code was also amended in 1986, and was given the official name of the Internal Revenue Code of 1986. These are all the federal tax laws, the code itself was written back in 1939 and later revised in 1954. The Comprehensive Drug Abuse Prevention and Control Act of 1970 is a standing United States federal law that, with require the pharmaceutical industry to maintain physical security and strict record keeping for certain types of drugs. This law like many others is in constant change to help adapt to all legal needs. Although the Hobbs Act was decreed as a statute to battle racketeering in labor-management disputes, the statute is commonly used in connection with cases about public corruption, commercial disputes, and corruption these are usually geared towards members of labor unions. This act criminalizes robbery and extortion, it defined "robbery" as the unlawful taking or obtaining of personal property from the person or in the presence of another, against his/her will, and "extortion" as obtaining property from another, with his/her consent, encouraged by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO Act is a United States federal law that gives extended criminal penalties and a civil cause of action for acts made as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them. All these laws have played a critical role help helping the capture, arrest and conviction of numerous criminals and on going organized crime. The RICO law making their businesses, run by illegal money they have come into contact with, be shut down and seized. This is actually how mobsters like Al Capone were caught, not by their violent crimes but by federal tax evasion charges. The Comprehensive Drug Abuse Prevention and Control Act of 1970,has made it harder to obtain controlled substances and helped pinpoint discrepancies made on that part. Hobbs Act defined and addressed robbery and extortion which are key components in organized crime. Then the RICO act has made it even harder for these individuals who are facing these cases harder to come out hands clean. All these laws have helped tremendously by addressing important portions of these cases.

2. Discuss and describe the various types of forfeitures. Discuss the pros and cons of forfeitures. There are actual no limits on the kinds of property that the state or even the federal government can seize through any of the three forfeiture actions( civil forfeiture, Administrative Asset Forfeiture, and Criminal Asset Forfeiture). Civil forfeiture deals with items that are usually seized, which include real estate, bank accounts, antiques, jewelry, boats, planes, computers, money, servers/software, items which are illegal. Administrative asset forfeitures are non-judicial civil proceedings that are founded by a government agency. It can be done so by the Bureau of Alcohol, Tobacco and Firearms (ATF) Department of Justice, the Drug Enforcement Administration (DEA) the Customs Service , the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS) to name a few. These forfeitures are looked as internal affairs and do not involve court litigation. Reason being behind that is they are based on the claimants' petitions for mitigation of the assets.  The law enforcement agency administering the proceedings might or might not be...
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