Stretching RICO to the Limit and Beyond

Abstract

In 1970, finding that crime in the United States is a highly sophisticated, diversified, and widespread activity that annually drains billions of dollars from America's economy,2 Congress enacted the Organized Crime Control Act of 1970 (OCCA).3 Title IX of the OCCA, also known as the Racketeer Influenced and Corrupt Organizations Act (RICO),4 contains both criminal and civil provisions that are designed to eliminate the influence of organized crime on American business. Prior to 1980, RICO was applied almost exclusively to criminal prosecutions.5 Since then, however, civil RICO suits have gone beyond the underworld of organized crime and have become common in areas such as common commercial fraud, securities fraud, and antitrust violations.6 In recent years, there has been a great deal of concern among commentators and practitioners that the application of civil RICO has expanded well beyond its intended sphere-and, indeed, be-