In this Comment, the author addresses Title IX of the Organized Crime Control Act of 1970 entitled Racketeer Influenced and Corrupt Organizations Act (RICO). The Act prohibits in part persons from engaging in "a pattern of racketeering activity." To be convicted under the Act, the pattern must include at least two predicate acts of racketeering activity. The author focuses on the circuit split on the issue of whether a RICO conviction may stand after some of a defendant's convictions for the predicate acts are vacated by a reviewing court but at least two convictions remain. The author reviews the case law in both the minority and majority jurisdictions and concludes that the majority view, which upholds the RICO conviction regardless of subsequent court action on a predicate conviction, is the more effective view. To facilitate the majority position, the author calls on Congress to enact legislation that would codify the law as set forth by the majority position view.
Debra L. Weber,
Reversal of a RICO Predicate Offense on Appeal: Should the RICO Count Be Vacated,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol27/iss1/8