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The R.I.C.O. Statute By UN CICP Why Is Organized Crime So Difficult to Fight? It is a hidden phenomenon It is produced by organizations that have: – hierarchical structures and code of silence – use violence and corruption Makes a lot of money therefore It is a financial and/or political problem. How Police and Prosecution deal with “normal crime” Investigate and arrest criminals case by case Not inter-connecting crimes. Results: – USA and Italy: denying of existence of OC – Mexico: no boss being arrested in drug charges How to get result against OC Evidence – Wire taping. – Undercover operations. – Collaborating and protected witness programs. Offenses – Organized crime – Money Laundering Racketeering Influenced and Corrupt Organization (RICO) 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? 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 A partnership Association Corporation or Other entity or group of individuals associated in fact Civil RICO 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 A person who: – Violates the ‘Drugs’ law in a continuing pattern – Who manages at least 5 others and – Who gains substantial income Death sentence available Civil Forfeiture Law 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 1968 Omnibus Law against street crime – Title III allows wiretapping and covert electronic surveillance – undercover operations allowed Plea bargaining Witness Protection Program