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Instructor:  Lowell Knapp  
BUS 125:
  Business Law 

Homework assignment: understanding RICO

This exercise is designed to introduce you to the RICO Act and how it applies to business industry.  The Racketeer Influenced and Corrupt Organizations Act is a set of federal laws [18 U.S. C. A. sec 1961 (1970)], specifically designed to punish criminal activity by business enterprises.  

Introduction to RICO

18 U.S.C. 1961 (statute)

  • Use Findlaw--> Laws: cases & codes --> US Code. 
    In the U.S. Code, locate the Title and Section. 
    In Title box, enter 18. In section box, enter 1961.
  • The following United States Supreme court case law citation for RICO can be accessed through Findlaw:
    473 US 479 
     521 US 179
     361 US 212
     529 US 494
     510 US 249
  • Books will explain the significance of RICO:

West's Encyclopedia of American Law
Law KF 154 W47 1998 v. 8)  Refer to volume 8, pages 254+.Excellent article on reforming RICO.

American Law Reports (ALR): Index to Annotations 
(Law KF 132.2 I53 1986)  Refer to page 822.  This material is outdated.

Federal Practice Digest, Volume 99, Descriptive word Index 
(Law KF 127 W48).Refer to R section, no page numbers in this book.

Corpus Juris Secundum(CJR): General Index.
(Law KF 145 C56 Index R-Z).  Refer to page 4-5.

For RICO action, plaintiff must prove all four elements:
a) a pattern of racketeering activity or collection of an unlawful debt; 
b) the existance of an enterprise engaged in or affecting interstate or foreign commerce; 
c) a connection between the pattern of racketeering activity and the enterprise; AND 
d) an injury to business or property by reason of above.

Introduction to RICO elements

Proximate cause:growing limitation in RICO actions

 

RICO civil actions reported in secondary sources

US V Philip Morris (pending case) The federal government filed its lawsuit against the tobacco industry on September 22, 1999 in U.S. District Court in Washington, DC. (US v Phillip Morris) The federal government's lawsuit employs the special authority of the U.S. Attorney General to bring civil actions under the RICO (Racketeer Influenced and Corrupt Organizations) statute, to obtain equitable relief, including the disgorgement of ill-gotten gains, and to prevent and restrain certain unlawful conduct.  The complaint includes more than 100 allegations of mail and wire fraud, including making false and misleading statements to the public and using the mails and wire transmissions to further the companies' scheme to defraud.

Price v. Humana Inc (HMO lawsuit) . Can the RICO be used against an HMO that is developing a similar reputation among patients and doctors as a public scourge? Plaintiffs’ attorneys have utilized novel legal theories to challenge the conduct of business by managed care companies. These complaints allege wrongdoing that ranges from fraud and breach of fiduciary duty to extortion violations. Panel discussion explores the HMO lawsuits
US V Aetna


 

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