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Organized Crime Control Act Case Study

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Congress in 1970 passed the Organized Crime Control Act in an effort to eradicate organized crime in the United States by improving the overall legal process and introduced new ways to deal with the unlawful activities of those engaged in organized crime. Title IX in the Organized Crime Control Act is called “RICO” or Racketeer Influenced and Corrupt Organizations. RICO was established to counter the infiltration of legitimate businesses engaged in interstate commerce by organized crime. However, what are the three types of scenarios punished under RICO and if any the implications of each? A number of states have established their own RICO statues to cover businesses that don’t engage in interstate commerce and therefore not within federal …show more content…

(Lippman) The implications of this first scenario include the need to prove that the income was indeed from a pattern of racketeering and not from any other source. Next that that income was specifically used in or invested into said enterprise. In order to prove this the amount of time gathering specific evidence on said income and it use would be time consuming with a high chance of error. An example of this would be the case of Scott W. Rothstein who was charge with the use of a Ponzi scheme to fund his law firm and extravagant lifestyle. (Fort Lauderdale) The second scenario involves any individual(s) to acquire or maintain control of any enterprise engaged in interstate or international commerce through racketeering activity. (Lippman) The implications here would be the need to prove that the acquisition or remaining in control of said enterprise was done through unlawful activity. Example of this would be the implication of FIFA and the fourteen defendants charged with wire fraud, money laundering amongst other charges in an effort to enrich themselves. (Porzucki) The third scenario involves an individual(s) employed by or associated with said enterprise engaged in interstate or international commerce to conduct or participate in the enterprises affairs through the pattern of racketeering activity. (Lippman) The implications here would include the need to conduct a proper investigation and gather the essential evidence need to convict those responsible for the unlawful activity. Also the fact that the accused would most likely be lower level employees and associates that would insist that higher level management was in charge of everything. An example of this would be the eleven defendants accused of obtaining and maintain lucrative contracts for Access Health Source.

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