Scoping the Federal Government’s Use of RICO, VICAR, and CCE on Criminal Enterprises in the US

• In Event: Gang Offending, Victimization, and Comparison

Abstract

The Racketeer Influenced and Corrupt Organizations (RICO) Act, Violent Crimes in Aid of Racketeering (VICAR), and Continuing Criminal Enterprise (CCE) laws were enacted to dismantle organized crime groups. Their application, however, has expanded beyond traditional targets to include a wide range of legal and extra-legal criminal enterprises, including street gangs. This study examines when and how these statutes have been applied to assess prosecutorial and jurisdictional priorities and trends. First, we conducted a search for all prosecutions undertaken by the federal government. Second, we categorized cases by legal and extra-legal criminal enterprises, the latter of which were further distinguished by various types of criminal groups. Third, we coded cases according to criminal characteristics, demographics, geography, and temporality. Finally, we analyzed cases according to their differences and similarities across types of criminal enterprises. Particular attention was given to racial disparities, prosecutorial discretion, and constitutional concerns, including the potential overreach of federal power in cases traditionally handled by states. By mapping the legal trajectory on RICO, VICAR and CCE prosecutions, this study contributes to discussions involving the role of criminal enterprise laws in the U.S. justice system.

Authors

• Stephanie Ossovski Richter, University of Colorado Boulder

• David Pyrooz, University of Colorado Boulder