What are the criticisms of RICO?
What will be an ideal response?
Five basic criticisms of RICO have been raised:
• RICO is overreaching, leading to the prosecution of persons who, although they may have been involved in criminal behavior, are not connected to organized crime.
• RICO penalties are excessive—twenty years on each count.
• Invoking RICO can result in assets being frozen even before trial, an action that can put a company out of business. The threat of freezing assets can induce corporate defendants to plead guilty even when they believe themselves to be innocent.
• A RICO action brings with it the stigma of being labeled a "racketeer," which may be inappropriate given the circumstances at issue.
• RICO permits lawsuits for triple damages when ordinary business transactions, not organized crime or racketeering, are at issue.
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