MEMORANDUM
RE: Justification for the Future Existence of the Racketeer Influenced and Corrupt Organization (RICO) Criminal Defense Practice
With countries across the globe, including the US, facing unprecedented threats from organized crimes such as terrorism and drug trafficking, the existence of the RICO is justified in spite of the looming budget deficit and likely cutbacks ahead. Organized crimes as transnational or national criminal activities organized and executed by criminal organizations or enterprises with intent to kill, destroy and maim for money, profit and religious or political motivation, pose the greatest threat to our nation in the 21 century.
The RICO Act 1970 is the federal law that penalizes such crimes committed as part of a criminal enterprise or organization. It punishes racketeering, and makes it possible for leaders of syndicates to face charges for crimes ordered by them without them insulating themselves within the layers of bureaucracy and underlings (Pierson, 2013, p. 524). This law was originally drafted by Robert Blakey and formed part of Title IX of the Organized Crime Control Act 1970. It was meant originally for the prosecution of Mafia engaged in organized crime. Other incidences involved in organized crime punishable under the RICO Act include counterfeiting, bribery, gambling, kidnapping, embezzlement of union funds, dealing in obscene materials theft, fraud, extortion; acts of terrorism, drug trafficking, racketeering, obstruction of justice, murder for hire and money laundering. Some of the prosecutions that have taken place under the RICO Act include the Hells Angels Motorcycle Club case of 1979 (US v Barger) involving dealing in illegal drugs and guns, the Frank Tieri case of 1980 involving the Genovese crime family mafia boss Frank Funzi, Latin Kings case of 2006, Drummond Company case of 2015 and the FIFA case involving prosecution of 14 FIFA officials for wire fraud, money laundering, racketeering and conspiracies.
According to Gordon (2003), the RICO Act has been very instrumental in fighting organized crimes such as terrorism and white collar crimes by corporates. It has helped the US detect and punish leaders of various criminal syndicates who commit crime and seek to hide under the guise of corporate veil of immunity. Moreover, the future existence of the RICO as a criminal defense practice may be justified by the fact that it helps in preventing corruption and organization crime in the public and private service which would affect our nation’s internal security and undermine development. Furthermore, as Marine (2006) observes, organized crimes have several ad verse impacts on legitimate businesses like hence their prosecution under the RICO legal framework promotes business enterprise growth.
References
Gordon, M. (2003). Ideas shoot bullets: How the RICO Act became a potent weapon in the war against organized crime. Concept Interdisciplinary Journal of Graduate Studies, 26, 1-25. Retrieved May 29, 2016, from https://concept.journals.villanova.edu/article/view/312/275
Marine, F. J. (2006). The effects of organized crime on legitimate businesses. Journal of Financial Crime, 13(2), 214-234. doi: http://dx.doi.org/10.1108/13590790610660926
Pierson, P. B. (2013). RICO, corruption and white-collar crime. Temple Law Review Journal, 85, 523-574.
