Against RICO?

Alternate title: The problems with State and federal RICO laws

The original Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted by the Congress in 1970. (Thirty-three States, as well as Puerto Rico and the U.S. Virgin Islands, have also adopted local RICO laws.) Putting aside the oft-overlooked question of whether the Congress has the constitutional authority to punish purely local acts of racketeering, below are some additional critiques of these State and federal laws:

  1. Debate Rages Over the Long Arm of RICO” by Scot J. Paltrow (Los Angeles Times, 13 Aug. 1989).
  2. Law as a Weapon: How RICO Subverts Liberty and the True Purpose of Law” by William L. Anderson and Candice E. Jackson (The Independent Review, Vol. 9, 2004).
  3. RICO Overreach: How the Federal Government’s Escalating Offensive against Gangs Has Run Afoul of the Constitution” by Matthew H. Blumenstein (Vanderbilt Law Review, Vol. 62, Summer 2009).
  4. 45 Years, 45 Days: How the RICO Law Violates Liberty” (Reason Magazine, 8 Aug. 2013).
  5. The Checkered Past (and Present) of the RICO Act” by Regan Jarvis (Juris Magazine, 17 Nov. 2021).

Bonus link: “Appeals court rules in favor of pair challenging Arizona civil forfeiture as unconstitutional” by Perry Vandell (Arizona Central, 6 Oct. 2021).

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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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