Transcript The RICO Statue - United Nations Office on Drugs and Crime

The R.I.C.O. Statute
By
UN CICP
Why Is Organized Crime So
Difficult to Fight?
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It is a hidden phenomenon
It is produced by organizations that have:
– hierarchical structures and code of silence
– use violence and corruption
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Makes a lot of money therefore
It is a financial and/or political problem.
How Police and Prosecution deal
with “normal crime”
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Investigate and arrest criminals case by
case
Not inter-connecting crimes.
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Results:
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– USA and Italy: denying of existence of OC
– Mexico: no boss being arrested in drug
charges
How to get result against OC
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Evidence
– Wire taping.
– Undercover operations.
– Collaborating and protected witness
programs.

Offenses
– Organized crime
– Money Laundering
Racketeering Influenced and
Corrupt Organization (RICO)
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by Robert Blakey from the US DOJ
Pass in 1970. Only in 1982 against
(LCN)
Makes a Federal crime to be part of an
enterprise engaged in a pattern of
racketeering activity
Or collected unlawful debt
What is pattern of racketeering
activity?
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Two or more offenses of racketeering
activity
Under RICO, to commit or threaten to
commit a violent crime in furtherance of
the criminal enterprise
RICO Enterprise
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A partnership
Association
Corporation or
Other entity or group of individuals
associated in fact
Civil RICO
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Judicial authority to enforce by:
– Dissolving the enterprise
– Other remedies in the courts discretion
– Removing individuals

Victims may sue for threefold damages
Continuing Criminal Enterprise,
Drugs
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A person who:
– Violates the ‘Drugs’ law in a continuing
pattern
– Who manages at least 5 others and
– Who gains substantial income
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Death sentence available
Civil Forfeiture Law

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Any property identified as a proceed of
crime is subject to forfeiture
Not subject to strict criminal evidentiary
rules
Law functions independently from
criminal case
Background
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1968 Omnibus Law against street crime
– Title III allows wiretapping and covert
electronic surveillance
– undercover operations allowed
Plea bargaining
Witness Protection Program