A bill to amend chapter 96 (relating to racketeer influenced and corrupt organizations) of title 18, United States Code.

Summary

Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to require a showing of proof by a preponderance of the evidence for a U.S. district court to issue orders to prevent and restrain violations of prohibited racketeering activities. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages upon proof by a preponderance of the evidence: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover, upon proof by a preponderance of the evidence, punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Provides for the recovery of punitive damages, upon proof by a preponderance of the evidence, for persons who suffer bodily injury as a result of a RICO violation that includes a crime of violence as a predicate act. Sets a statute of limitations for such actions of: (1) four years after the cause of action accrues; (2) four years after the conduct causing the injury terminates; (3) two years after the date of the criminal conviction (required for a treble damage cause of action); or (4) six years after the cause of action accrues if such action is brought by a specified official for the Federal Government or a State or local government. Provides an affirmative defense where the defendant acted in good faith and in reliance upon an official, directly applicable regulatory action, approval, or interpretation of law by an authorized Federal or State agency in writing or by operation of law. Provides that an action under this Act shall not abate on the death of the plaintiff or defendant and shall be enforceable against a receiver in bankruptcy. States that in a civil action which does not allege a crime of violence as a predicate act: (1) the term "racketeer" shall not be used in referring to any party; (2) "racketeering activity" shall be referred to as "unlawful activity"; and (3) "pattern of racketeering activity" shall be referred to as "pattern of unlawful activity." Describes offenses which are predicate acts constituting crimes of violence for purposes of a civil action alleging such crime. Amends the criminal penalties section of the RICO statute to provide for life imprisonment if the violation of such statute is predicated on an offense for which the maximum penalty includes life in prison. Sets forth additional predicate offenses. Provides for universal service of process. States that nothing in RICO shall be construed to confer jurisdiction on a State or local unit of government.

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1 official file

• Introduced in House

  summary · EN · 28 June 1988

  Open at official source

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