ABSTRACT
In 1970, Congress enacted the Organized Crime Control Act, of which is known as the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The innovative approach to crime control embodied in RICO is reflected in legislation adopted by a majority of state legislatures. Since 1970, twenty-nine states have enacted similar RICO legislation. RICO sets out "standards" of "unlawful" conduct, which are enforced through "criminal" and "civil" sanctions. The criminal enforcement mechanism of RICO provides for imprisonment, fines, and criminal forfeiture. RICO authorizes imprisonment of up to twenty years, or life, where the predicate offense authorizes life. The civil enforcement mechanism of RICO provides for injunctions, treble damages, and counsel fees. Independent studies conclude that RICO is effective against sophisticated forms of crime. The President's Commission on Organized Crime praised RICO highly, and it recommended that states adopt similar legislation. The private bar did not begin to bring civil RICO suits until about 1975.
