RICO’s legislative history and plain statutory language show that it was not solely designed for use against organized crime.
RICO specifically allows either private parties or the government to bring civil cases in different contexts.
As Justice Brennan stated for the Court in the 1989 case H.J., Inc. v. Northwestern Bell Telephone Company, limiting RICO to organized crime “finds no support in the Act’s text, and is at odds with the tenor of its legislative history.”
This is similar to the federal antitrust laws, upon which RICO was modeled, which permits criminal and civil cases along with similar remedies, such as injunctions, triple damages, costs, and attorneys’ fees.
Civil RICO permits a “person [including corporations] damaged in his business or property” to sue one or more “racketeers.” The plaintiff must prove an existing “enterprise” which the racketeers used to engage in a pattern of illegal activities.
RICO permits racketeers to be tried either criminally (by the government) or civilly (by either the government or private parties)
for illegal acts which he or she ordered, assisted, or conspired with others to do, even if the racketeer did not himself commit the acts.
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