, , , , , , , ,
 
Westlaw Books Welcome
Citizens Court Watch !
Sovereign Unalienable Info.
Important Court Cases
Real Court Case's Now
Guestbook Sign In Log !
5 Disclaimer and Fair Use
Bad Judges And Courts !
Court System How Works
Radical Reference Info.
Words & Law Glossary !
Z Misc Information Etc.
42 USC 1983 A Lawsuits
5000 New Police Jobs ?
A Bomb 66 Yrs Later Info.
A Letter To NBA Owners
Abortion Facts And Info.
Abuse Of Court Powers
Accident/Hit and Run Etc.
Adopt A Kitten or Dog ?
Advanced Trial Handbook
Against Seizing Children
Aggravated Assault Etc.
Aiding & Abetting Info.
Aiding & Accessory Info.
Alcohol Crimes (DUI) Etc
Alcohol Crimes (DWI) Etc
Alcohol Getting Help Info.
Alienation Of Affection
Amerasian Children Info.
American Express Refund
Animal Cruelty & Rights
Apartment Rental Scams
Anamorphosis Pics Info.
Arrest Is It Legal Arrest ?
Arson and Fires Laws Info.
Assault and Battery Etc.
Asylum Canada’s  System
Attempt Crimes Laws Etc.
Attorney Client Privilege
Background Checks Info
Bankruptcy Options Info.
Beatings By Officers Info.
Bicycle Laws & Info. Etc.
Bigamy & Polygamy Laws
Bill Of Rights & Other ?
Bivens Action Lawsuits
Black Kittycat Law Books
Black Mail & How To Stop
Body of Missing People's
Breast Cancer Help Info.
 Brutality Excessive Force
Bribery Laws & Info. Etc.
Burglary Laws Info. Etc.
Cannibalism In The World
Case Numbering System
Censorship Rules Info. Etc.
Child Abandonment Etc.
Child Abuse Laws Info.
Children's Internet Act
Child Pornography Etc.
Child Support Laws Info.
Chinn, C. Bradley Bad J.
Christmas Peace Wish !
Citizens Court Watch !
Civil Forfeiture Laws Info.
Civil Rights Overview ?
Civil Rights Warning Etc.
Clear & Present Danger
Cohabitation Laws & Info.
Color of Law Abuses Etc.
Collateral Estoppel Info.
Common Law Info. Etc.
Complaints & Canons Etc.
Computer Crime &  Info.
Consortium, Loss Of Info.
Conspiracy Crime Info.
Constitution & Its Laws
Constitutional Law Info.
Contempt of Court Info.
Contempt of Cop Info.
Convicted Sex Offender
Cops Pulling You Over 4 ?
Copyright Patent Trade
Court System How Works
Court Forced Labor Info.
Couches 4 Rent Sex Info
Cozza, Salvatore  F. Bad
Credit / Debit Card Fraud
Credit 4 Time Served ?
Crimes A-Z Get Help Now
Crimes Against Justice ?
Crimes Against A Person
Criminal Contempt Court
Criminal Investigations
Civil Contempt of Court
Crimes Against Children
Criminal Rights Violations
Cyber Bullying Info. Etc.
Cyber Crimes Laws & Info.
Date Rape Info.Sex Etc.
Dating Black Mail Info.
Dating and Sex Info. Etc.
Death and Dying Info.
Death Penalty Laws Info.
Defamation Libel Slander
Deflowered by Police Info.
Dim Witted Persons Etc.
Disability Rights & Laws
Disorderly Conduct Etc.
Disturbing the Peace Etc.
Do Not Call 911 Info. ?
Do Not Call 911 Dot Com
Dog and Animal Abuse
Dog/Animal Bites & Info.
D.V. & Animal Abuse Etc.
Domestic Violence Etc.
Double Jeopardy Laws
Drinking Water Safety ?
Driver New Pay By Miles
 D.V. Consortium Info. !
Drug Charges & Info.
Drug Cultivation Etc.
Drug Distribution Etc.
Drugs Getting Help Info.
Drug Manufacturing Etc.
Drug Possession Etc.
Drug Trafficking Etc.
DSHS & APS & Get Help
DUI and DWI Laws Etc.
DUI & DWI After Arrest ?
E Bay & Craiglist Scams
E-Books Copyright Laws
Embezzlement Info. Etc.
Emergency Help Info.
Emergency Fire 911 Info.
Essays and Speeches
Expungement Laws Info.
Extortion Laws & Info.
Exemption From Laws
Exercise Your Rights Now.
False Advertising Laws
False Arrest Laws & Info
Feeding Homless Laws
Federal U.S Code & Laws
Federalism & Laws Info.
Feminism Laws & Info.
First Corinthians 7 Info.
First Date's Is It Safe ?
Fleecing of America !
Food Poisoning Info. Etc
Forgery Laws & Info. Etc.
Forced Guardianship Info.
Forced Labor & Its Laws
Forced Marriage Laws
Foster Care Laws & Info.
Fracking Regulations
Fraud Laws & Info. Etc.
Freedom Of Press Info.
Freedom of Speech Etc.
Friends Civil Rights Laws
Friend Of Court Brief
Funny To Scare Horses
Gangs Laws & Other Info.
Gang Rape Woman Laws
Gay Marriage Rights Etc.
Going Postal Get Help !
Glossary of Terms/ Words
Gonzaga Law School Etc
Good Samaritan Backfires
Grant Programs Info.
Guardian Ad Litem Info.
Guardianship Laws Info.
Guide To  File a Lawsuit
Gun Control Laws Etc.
Gun Rights In 4  U.S.A.
Guns Safety How To Info.
Habeas Corpus Laws Etc.
Harassment Laws & Info.
Hate Crimes Laws & Info.
Hearsay Evidence Case
Homeless Programs Etc.
Homicide Laws &  Info.
How To Bypass The Laws
How To Cook Babys Info
How To File a Lawsuit !
How to Self-Publish Book
How To Sue A Judge !
How The Courts Work
How The Courts Work ?
Human Trafficking Laws
Husband and Wife Laws
Hustler Mag v. Falwell
Identity Theft Info. Etc.
Indecent Exposure Etc.
Info. & Deaths Spokane
Injunction Rules & Laws
Insanity Defense Laws
Insurance Fraud Etc.
Intellectual Property Etc.
Intelligence Agency ?
Internet Laws Public Etc.
Internet Security Center
IRA Inheritance Laws
Jaywalking Laws & Info.
Judical Conduct (CJC)
Judical Immunity Rules
Judical Lawsuits Case's
Judicial / Legal Corruption
Judicaial Misconduct Info.
Judical Picnic 9/11 Ethics
Judicial Review & Laws
Judicial Trust Fund Info.
Jurisdiction Laws & Info.
Jurisprudence & Laws
Jury Duty Welcome Info.
Juvenile Law & Info.
Kidnapping Laws & Info.
Law Enforcement  Powers
Laws Suits Filling Info.
Lawyer Discipline Info. !
Layman Law Firm PLLP
Layman Bible Laws Etc.
Legal Research Internet
Life at Conception Act
Lithium Batteries Danger
Loan Pay Off How To
Magna Charta 1215  Text
Magna Carta Legal Info.
Mail Fraud & Scams
Mail Order Brides Info.
Mandatory Reporters Etc.
Manslaughter Involuntary
Manslaughter Voluntary
Marijuana & Cannabis Laws
Marital Rape Is A Crime ?
Medical Marijuana Info.
Mental State/ Defendant
MerryHallowThanksMas !
Millennials Generation Y
Minor in Possession (MIP)
Miranda Rights Warnings
Miranda v. Arizona ?
Misc Facts & Info. Etc.
Misc Files & Laws & Info.
Money Laundering Etc.
Mormon Polygamy Info.
Most Important Info. Etc.
Motorcycle Accidents Etc.
Murder First Degree Etc.
Murder Second Degree Etc.
My Constitutional R. Watch
Naked Children Laws
National Debt Figures US
No Contact Orders Info.
O'Connor, Kathleen M. B
Obscenity Laws & Info.
Open Container Law Etc.
Other Pink Thing ! 1973
Other White Meat/ Baby
Panhandler Ordinance
Pay Pal and Misc Scams
Pedestrian Accidents Etc.
Perjury In Court & Info.
Permanent Injunction Law
Pet Adopt & Laws Info.
Photography is Not Crime
Pharmaceutical Viagra !
Plea Bargains Laws/Info.
Pledge of Allegiance Etc.
Police Brutality &  Force
Police Crimes Info. Etc.
POLICE, FBI, CIA Info.
Police Misconduct & Info.
Police Misc Photo Files
Polyamory Dating Rules
Polyamory Relationship
Pornography Laws Info.
Premarital Agreements
Premarital Questions
Probable Cause Arrest ?
Probation Violation Info.
Process of Arrest Info.
Pornography Charges
Prisoner's Right's Info.
Property Crimes & Info.
Pro Se Litigant Info.
Pro-Se Rights Case Law
Pro-Se & Self-Help Info.
Prostitution Free/ Money
Publication Private Facts
Public Intoxication Info.
Pyramid Schemes Etc.
Racketeering/ RICO Etc.
Rape Of  Men & Women
Rapist and Sex Offenders
Red Light Cam. Tickets
ReElect Nobody Info.
Rental Deposit Fees Laws
Resisting Arrest Info.
Respect ALL Religions
Restoring Gun Rights
Retaliation After Crimes
Retaliation By Judges
Revenge Court Case's
Right to Counsel Laws
Robbery Crimes Etc.
Rockwood, Virginia B. Bad
Rules of Evidence & Info.
Rules of Evidence Etc.
Safe Haven Laws & Info.
Same Sex Marriage Info.
Scuba Diving Rapist Info
Scam's & Frauds Elderly
Search and Seizure Laws
Search Warrant Info. Etc.
Search Engines Helper
Search Engine Optimization
Secret Canon 3/2 Info.
Securities Fraud & Info.
Self Defence Laws Info.
Separation Agreement !
Seat Belt Laws & Info.
Sex Offender Registry
Sex & Am I Ready For ?
Sex Slave For Sale Ads
Sexual Abstinence Info.
Sexual Assault Laws Etc.
Sexual Orientation Info.
Sexual Predator Laws
Sex Crimes Laws & Info.
Sex Offenses & Laws
Sex Slave's For Sale Ads
Sexting Laws & Info. Etc.
Sexual Exploitation Info.
Sexual Slavery ? Laws
Shooting On Dick Spokane
Shoplifting Laws & Info.
Shower Safe & New Laws
Sit & Lie Down Ordinance
SLAPP Statutes & Laws
Smoking Getting Help Info.
Sodomy & Gay Info.  Laws
Solicitation Laws & Info.
Someone Drugged ME !
Speech Ban For Life ?
Spokane City Facts or ?
Spokane Code Enforcement
Spokane Dead Body Pics
Spokane Do Not Visit ?
Spokane Fire Dept. Bad
Spokane Internal Affairs
Spokane Local Killings
Spokane Marijuana Stores
Spokane Ombudsman Pr
Spokane Police Guild Bad
Spokane Police Very Bad
Spokane Prostitution Info.
Spokane Fireman Sex ?
Spokane Sex Clubs Info.
Spokane Stalker WoW
Spokane Unidentified Bodys
Standing Rules & Laws
Starting a Business Info.
Starting a New Website ?
Stalking & Forms of It ?
Stalkers + Traits of ?
Statute Of Limitations
Statutory Rape Laws Etc.
STD's & Other Diseases
Donald Sterling v NBA
Substantive Due Process
Sueing for Discrimination
Sue Without A Lawyer
Suing A Judges In Court
Suicide Get Help Now !
Support for Hitler USA
Supremacy Clause Info.
Surf The Web Safely Etc.
Tattoos and Branding !
Tax Evasion Laws Etc.
Telemarketing Scams Etc.
Terminology In The Laws
Theft / Larceny Info. Etc.
Traffic Laws & Tickets ?
Traffic Stops & Rights Info.
Transgender Bathroom Laws
Transgender People Info.
Transient Shelter Laws
Transvestite Laws & Info.
Trial Rights & Laws Etc.
Trust Laws & Court Rules
Unauthorized Practice Law
United Nations Laws Etc.
United States Constitution
U. S. Constitution Laws
U.S. Constitutional Law
Unlawful Vehicle Mod.
Vaccine & Vaccination
Vagrancy Laws & Info.
Valentines Day Stalker !
Vandalism Laws & Info.
Vehicle Searches & Info.
Violent Crime Control Act
Wa. State Constitution
Waiting for Rights Etc.
Wedding Day 11 12 13 14
We The People Laws
White Collar Crime & Info.
White House Laws/ Bills
White, Richard B. Bad J.
Woman Raped By Law
Wire Fraud Laws Etc.
Yes We The People Info.
Yin and Yang Philosophy
Z  Words &  Glossary !
STILL WORKING ONE
STILL WORKING THREE
STILL WORKING  EIGHT
 
   
 


Federal and state racketeering, profiteering, and RICO (Racketeer-Influenced and Corrupt Organization) laws make it illegal for criminal organizations to profit from any legitimate business operations. Many of these laws allow for the confiscation and seizure of the criminal organization's legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially, and cut off sources of cash that support ongoing criminal activity.

Racketeering Traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by Organized Crime . A pattern of illegal activity carried out as part of an enterprise that is owned or controlled by those who are engaged in the illegal activity. The latter definition derives from the federal Racketeer Influenced and Corruption Organizations Act (RICO), a set of laws (18 U.S.C.A. § 1961 et seq. [1970]) specifically designed to punish racketeering by business enterprises.

Racketeering, as it is commonly understood, has always coexisted with business. In the United States, the term racketeer was synonymous with members of organized-crime operations.

Congress passed RICO as part of the Organized Crime Control Act of 1970. Organized crime in the United States had been increasing ever since the Twenty-First Amendment's Prohibition of alcohol was repealed in 1933. Crime groups and families that had been bootlegging moved on to other moneymaking crimes by controlling legitimate businesses and by using some of them as fronts for criminal activity. Over the years, Congress had enacted several statutes authorizing increased punishment for typical organized-crime activities such as illicit gambling rings, loan sharking, transportation of stolen goods, and Extortion. However, it had not passed legislation that specifically punishes the very act of committing organized crime.

Organized crime continued to proliferate in the 1960s. After investigating and debating organized-crime legislation for approximately 20 years, beginning with Senate committee hearings conducted in 1951 by Tennessee Senator Estes Kefauver, Congress finally passed RICO.

The specific goal of RICO is to punish the use of an enterprise to engage in certain criminal activities. A person who uses an enterprise to engage in a pattern of racketeering may be convicted under the RICO criminal statute (18 U.S.C.A. § 1963). An enterprise is defined as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity." A pattern is defined as "at least two acts of racketeering activity, one of which occurred after the effective date of [RICO's passage] and the last of which occurred within 10 years … after commission of a prior act of racketeering activity."

Racketeering activity under federal law includes a number of criminal offenses, including: Bribery; sports bribery; counterfeiting; felony theft from interstate shipment; Embezzlement from Pension and Welfare funds; extortionate credit transactions; Fraud relating to identification documents; fraud relating to access devices; transmission of gambling information; Mail Fraud; wire fraud; financial institution fraud; citizenship or naturalization fraud; obscene matter; Obstruction of Justice; obstruction of criminal investigation; obstruction of state or local law enforcement; witness tampering; retaliation against witness; interference with commerce, bribery, or extortion; interstate transportation in aid of racketeering; interstate transportation of wagering paraphernalia; unlawful welfare fund payments; prohibition of illegal gambling business; Money Laundering; monetary transactions in property derived from unlawful activities; murder for hire; sexual exploitation of children; interstate transportation of stolen motor vehicles; interstate transportation of stolen property; sale of stolen goods; trafficking in motor vehicles and parts; trafficking in contraband cigarettes; white slave traffic; restrictions of payments and loans to labor organizations; embezzlement from union funds; Bankruptcy fraud; fraud in the sale of Securities; felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in narcotic or other dangerous drugs; and any act that is indictable under the Currency and Foreign Transactions Reporting Act.

RICO outlaws every manner in which an enterprise can be used for long-term racketeering activity. Under the law, no person may invest racketeering proceeds to acquire any interest in an enterprise; no person may acquire or maintain an interest in an enterprise through a pattern of racketeering activity; and no person associated with or employed by an enterprise may conduct that enterprise's affairs through a pattern of racketeering activity.

The punishment for violating the criminal provisions of RICO is exceptionally severe. If convicted, a defendant is fined and sentenced to not more than 20 years in prison for each RICO violation. Furthermore, the defendant must forfeit any interest, claim against, or property or contractual right over the criminal enterprise, as well as any property that constitutes the racketeering activity or that was derived from the racketeering activity. Finally, RICO contains civil provisions that allow a party who has been injured by a RICO defendant to recover from the defendant in civil court. A successful civil RICO plaintiff may collect treble damages, or three times the amount lost to the defendant, as well as attorney's fees and other costs associated with the litigation. The intent of the many and various sanctions is to cripple, and ultimately eradicate, organized crime enterprises.

RICO employs broad definitions to sweep a wide variety of enterprise criminal activity into its purview. One of the original goals of RICO was to eliminate organized-crime families. However, because Congress could not legislate against specific persons or families, it was forced to use broad language to define racketeering and organized crime. The far-reaching language of the statute has subjected a wide range of criminal defendants to RICO's penalties. The typical RICO defendant is far from the stereotypical violent mobster. A RICO defendant can be anyone who uses a business in any way to commit two or more of the many racketeering offenses.

RICO has proved to be a powerful tool in the federal government's fight against organized crime. Many states also have enacted RICO-style statutes designed to apprehend organized crime that somehow escapes the provisions of RICO, including: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Louisiana, Nevada, New Jersey, New Mexico, New York, North Dakota, Oregon, Pennsylvania, Rhode Island, Tennessee, Washington, and Wisconsin. While occasionally using different language, these state RICO statues generally concern the same legal areas and provide for damages similar to those under federal law. Prosecutors have used RICO against a variety of criminals and have obtained lengthy sentences for them.

According to many critics, RICO has been expanded beyond its original purpose of eradicating traditional organized-crime groups to convict petty, nonviolent criminals and sentence them to unduly long prison terms. Supporters of RICO counter that the act was intended to reach all organized crime, not just traditional organized-crime groups. Advocates of RICO argue further that the statute is not unduly harsh because the use of a business enterprise to conduct criminal activity is more dangerous and more difficult to eradicate than individual, freelance criminal activity and that, therefore, the defendants who commit acts that bring them under RICO's provisions deserve the punishment they receive.

Most observers have agreed that the civil provisions of RICO have been abused. Beginning in the late 1970s, civil attorneys began to realize the enormous moneymaking potential of RICO's civil provisions allowing payment of treble damages, fees, and costs to successful RICO plaintiffs. It became common for supposed victims to bring civil actions against anyone who was remotely and indirectly associated with a criminal enterprise and financially solvent enough to pay a RICO judgment. Some of the targets of civil RICO claims have included accountants, bankers, insurance companies, securities firms, and major corporations such as General Motors and MCI Communications. In many cases, defendants in civil RICO cases have denied any wrongdoing but have been forced to settle because they were afraid of losing and being forced to pay a significant judgment.

In 1993, the U.S. Supreme Court limited the scope of civil RICO claims with its decision in the case of Reves v. Ernst & Young, 507 U.S. 170, 113 S. Ct. 1163, 122 L. Ed. 2d 525. In Reves, an accounting firm had performed three audits of a farmers' cooperative to determine its financial health after its general manager and accountant were convicted of tax fraud. When the cooperative went bankrupt, note holders on the cooperative filed suit against 40 individuals and entities associated with the cooperative. One of the claims was a civil RICO claim against the accounting firm. The note holders claimed that the accountants participated in a scheme to inflate the value of the cooperative above its actual value, that this scheme constituted fraud, and that the accountants had participated in the operation or management of the cooperative's affairs. The high court disagreed, holding that the accounting firm's level of participation in the cooperative did not rise to the level of operation or management of the cooperative's affairs and that it therefore was beyond the reach of RICO liability.

The U.S. Supreme Court moved further to delineate the reach of RICO with three cases decided at the beginning of the 21st century. In Beck v. Prupis, 529 U.S. 494, 120 S.Ct. 1608, 146 L.Ed.2d 561 (U.S. Fla. 2000), the Court ruled 7–2 that a company president's termination, allegedly in furtherance of RICO conspiracy, was not independently wrongful under any substantive provision of RICO, and that it thus did not give rise to a Cause of Action under RICO. Justice Clarence Thomas wrote in his majority opinion that an injury caused by an Overt Act that is not an act of racketeering or otherwise wrongful under RICO is not sufficient to give rise to a cause of action under RICO, regardless of whether there was a conspiracy that caused the plaintiff's injury.

In the 2001 case of Cedric Kushner Promotions v. Don King, 533 U.S. 158, 121 S. Ct. 2087, 150 L. Ed. 2d 198, (U.S. 2001), the high court ruled unanimously that the controversial boxing promoter Don King could be sued under RICO, despite the fact he was the sole owner and shareholder of his corporation. The Court, in a majority opinion written by Justice stephen breyer, agreed that to establish liability under Racketeer Influenced and Corrupt Organizations Act (RICO), one must allege and prove the existence of two distinct entities: a "person" and an "enterprise" that is not simply the same "person" referred to by a different name. However, Breyer stated in his opinion that "the corporate owner/employee, a natural person, is distinct from the corporation itself, a legally different entity with different rights and responsibilities due to its different legal status." Thus, Don King the person could be separated from Don King the organization, and could be the subject of a RICO civil suit

RICO in Need of FeformWhen Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S.C.A. § 1961 et seq.) in 1970, its intent was to mount an all-fronts attack on the infiltration of legitimate businesses by organized criminal enterprises. The RICO Act provides criminal and civil remedies, which are designed to imprison racketeers and to destroy the financial base of Organized Crime. Since the act's passage, however, its civil provisions have been applied more often than its criminal provisions and have generally been used against businesses and other organizations that are not dominated by organized crime. Plaintiffs have discovered that the act's broad language allows its use in cases involving Malpractice and "garden variety commercial fraud." Critics of this use of civil RICO have called for congressional reform.

The U.S. Supreme Court, in Sedima S.P.R.L. v. Imrex Co., 473 U.S. 479, 105 S. Ct. 3275, 87 L. Ed. 2d 346 (1985), upheld the constitutionality of the RICO Act and made clear that, unless amended by Congress, the statute must be interpreted broadly. The Sedima decision removed a number of judicially created barriers to using civil RICO against legitimate businesses.

Despite congressional attempts to limit the scope of civil RICO, only one major area of law has been removed from the RICO Act. The Private Securities Litigation Reform Act of 1995 (15 U.S.C.A. § 77 et seq.) eliminated liability for RICO claims based on securities Fraud, unless the defendant has already been criminally convicted of securities fraud. The act thus removed the threat of treble (triple) damages in such cases. Congress concluded that federal securities laws generally provide adequate remedies for victims of securities fraud. Therefore, it was unnecessary and unfair to expose defendants in securities cases to the threat of treble damages and other extraordinary remedies provided by the RICO Act.

Critics of the RICO Act applaud this congressional action but argue that the same reasoning can and should be applied to other areas of Civil Law. These critics maintain that the act's broad scope has given plaintiffs an unfair advantage in civil litigation.

One criticism of civil RICO is that no criminal convictions are necessary to win a civil case under the act. The plaintiff need only show, by a Preponderance of Evidence, that it is more likely than not that the ongoing criminal enterprise occurred. As a result RICO has been used in all types of civil cases to allege wrongdoing. By contrast, a criminal RICO case must be proved Beyond a Reasonable Doubt.

In addition, the judge and jury in a criminal RICO case are prohibited from drawing an adverse inference from a defendant's invocation of the Fifth Amendment Privilege against Self-Incrimination. No such ban exists, however, in a civil RICO case. Critics contend that it is unfair for a party in a civil RICO case who has concerns about potential criminal liability to be forced to waive his or her Fifth Amendment privilege in order to mount an effective defense in the civil action. Once testimony is given in the civil case, the party has effectively waived the privilege against Self-Incrimination, and the testimony may be used in a subsequent criminal prosecution. Critics contend that the RICO Act should be amended to stay (delay) a civil RICO proceeding until a criminal RICO proceeding has been concluded.

The critics of civil RICO also believe that its use has given plaintiffs an unfair tool that often serves to coerce a party to settle out of fear of a treble damages award. These critics believe that no civil RICO action should be allowed unless the party has been convicted under criminal RICO.

Critics also contend that criminal RICO has been an almost total failure in stopping the infiltration of legitimate businesses by organized crime. Not only have very few criminal RICO cases been brought to trial, but most of the defendants in those cases were not the targets Congress originally intended. According to the critics, most criminal uses of the RICO Act are redundant. Other laws exist to punish government corruption and white-collar crimes. The RICO Act merely enhances their penalties.

Despite these criticisms, the RICO Act has many supporters. While agreeing that the statute is broad in scope and imprecise in language, they contend that Congress wanted the act to read just this way. Congress recognized that private enforcement of the act through civil lawsuits would supplement the government's inadequate prosecution resources.

Supporters of civil RICO also point out that parties can be protected from waiving the privilege of self-incrimination. A trial court has the authority to stay a civil RICO proceeding until a criminal RICO prosecution has been concluded or the government announces that a criminal action will be commenced. In addition, a trial court may enter a protective order that keeps the information revealed by the party confidential or sealed. Finally, as in a criminal case a judge in a civil RICO action may advise a jury not to draw an adverse inference if the defendant does not testify.

Finally, supporters believe RICO actions should not be limited to organized crime. They argue that as a matter of public policy, it is reasonable to award treble damages to victims of commercial fraud and other illegal behavior that comes within the language of the act. According to civil RICO's defenders, these damage awards act as a deterrent to businesses and organizations that have created social harm by conducting business in a distinctly criminal way.

In recent years, RICO statutes have been interpreted much more narrowly than in the past. In February 2003, the Supreme Court ruled in Scheidler v. National Organization for Women, 537 U.S. 393 (2003), that federal RICO laws could not be used to stop anti-abortion activists unless there was proof of an underlying crime (e.g., Extortion). The ruling ended a case dating to the mid-1980s, when violent anti-abortion protesters targeted Abortion clinics, injuring patients and clinic staff and damaging buildings and medical equipment. The National Organization for Women (NOW) claimed that antiabortion groups were engaged in a type of nationwide racketeering conspiracy to shut down abortion clinics through the use of threats and force.




Citizens Court Watch + & Thank You For Taking The Time To Read This Websites

I Hope That This Websites Can Help You & Others With Your Court Cases / Laws.

You Can E-Mail US AT yourcivilrights@yahoo.com  You Can Also Write To Us at Rommel P. Westlaw  @  P.O. Box 18010 Spokane, Washington. 99228-0010 U.S.A. P.O. Box 960 Newman Lake, Wa. 99025 or P.O. Box 1144 Bonners Ferry, ID 83805  

Phone Messages Call Us  at (Washington D.C. Offices) At # 202-670-LAWS (5297) Florida # 561-90-PRO-SE (7-7673)  Spokane, Wa. # 509-701-5683 or 509-465-4528  Wisconsin # 920-39-JUDGE (5-8343) Texas # 512-887-8779 All Calls Are Welcome

You May Help Others By Making $$$ A Small Donation Or Help With Your Time. PLEASE REMEMBER DO NOT TAKE THE LAW INTO YOUR OWN HANDS  911*


Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !

Disclaimer of Warranties and Liabilities:
This site does not warrant the accuracy, completeness, timeliness, safety or merchantability of fitness for a particular purpose of the information contained in This site nor in any way endorse the individuals or institutions listed in This site.


In No Event Shall Westlawbooks.com, or Any Other Web Address Etc. or Domain from Westlaw Books or its staff, its sponsors, its contributors or its ISP be liable for any damages whatsoever, including, without limitation, direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of money or revenue, or loss of use, arising out of or related to the westlawbooks.com or Any Other Web Address or Domain from Westlaw Books or my other internet Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.

In accordance with Title 17 U.S.C. Section 107, any copyrighted work on this website is distributed under fair use without profit or payment for non-profit research and educational purposes only. Read all about Copyright & Fair Use at- http://fairuse.stanford.edu/

If you have a Complaint About Westlaw Books Dot Com or My Other Domain's ?  Content of this Website, how about telling the webmaster first? You can Contact the Webmaster In Writing At P. O. Box 18010 Spokane, WA. 99228-0010 U.S.A.


Disclaimer: + This is A Disclaimer from the Owner of this Website + Please Read ! + Nothing Here Is To Be Construed As "Legal Advice". We Are Not Lawyers, And We Are Not Pretending To Be Lawyers. This manual and website and information is intended purely as a communication of information in accordance with the right of free speech. It does not constitute either general or specific legal advice. Anyone who is seeking any legal advice should consult a competent professional.

The following is provided for informational purposes only and is intended to be used as a guide prior to consultation with an attorney familiar with your specific legal situation. Westlaw Books is not engaged in rendering legal or other Info. & professional advice, and this form is not a substitute for the advice of an attorney. 


Permission to quote statements we make and use our graphics is hereby granted without obtaining permission. We do Not copyright our quotes or graphics we create, which we Want to be widely dissembled to further the cause of Liberty and Justice for your Families and For All Families. If you use our materials, we certainly would appreciate being informed. Thank you !

Disclaimer and Fair Use Pages For Westlaw Books + See Full Disclaimer Page + Its Five 5 Button Down From The Top Of This Website + You Can Click # Button + To Read The Whole Disclaimer For This Website and My Other Website's Info. !