One of the traditional problems with the legal system has been applying criminal statutes to entities such as corporations. At one time, laws did not extend to these organizations as they are considered an artificial person incapable of forming the mental intent to commit a crime. However, this viewpoint has changed drastically over the past 50 years and now business entities can be prosecuted for criminal violations. One of the most powerful and controversial applications of criminal law on business organizations is the Racketeer Influenced and Corrupt Organizations Act or RICO. While the act was formed to fight organized crime syndicates such as the Mafia and motorcycle gangs, it has been routinely used in other situations.
Review the resources and address the following:
What must be proven to convict a defendant under the RICO Act?
Describe the act of racketeering.
Conduct research for a case involving the RICO Act (The database in the UAGC Library would be a useful source of information for this purpose). Briefly describe the facts of the case, the outcome, and any criminal convictions, as well as civil penalties that were given.
In your opinion, do you believe that the RICO Act provides the government with too much power to prosecute crime? Why or why not? Consider the forfeiture actions that are used which are civil proceedings, not criminal.
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