562
Kennedy, J., dissenting
break the cycle of racketeering activity because the criminal enterprises had the resources to replace convicted racketeers with new recruits. In passing RICO, Congress adopted a new approach aimed at the economic roots of organized crime:
"What is needed here . . . are new approaches that will deal not only with individuals, but also with the economic base through which those individuals constitute such a serious threat to the economic well-being of the Nation. In short, an attack must be made on their source of economic power itself, and the attack must take place on all available fronts." S. Rep. No. 91-617, p. 79 (1969).
Criminal liability under RICO is premised on the commission of a "pattern of racketeering activity," defined by the statute as engaging in two or more related predicate acts of racketeering within a 10-year period. 18 U. S. C. § 1961(5). A RICO conviction subjects the violator not only to traditional, though stringent, criminal fines and prison terms, but also mandatory forfeiture under § 1963.* It is the mandatory forfeiture penalty that is at issue here.
*Section 1963(a) provides that in imposing sentence on one convicted of racketeering offenses under § 1962, the district court shall order forfeiture of three classes of assets:
"(1) any interest the person has acquired or maintained in violation of section 1962;
"(2) any— "(A) interest in; "(B) security of; "(C) claim against; or "(D) property or contractual right of any kind affording a source of influence over; "any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962; and
"(3) any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity or
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