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Topic: RICO laws


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In the News (Wed 15 Feb 12)

  
  Puerto Rico - Printer-friendly - MSN Encarta
Puerto Rico’s chief executive is a governor, who is elected by the voters to a four-year term and may be reelected any number of times.
Puerto Rico’s laws are based on the Spanish, as well as on the American, legal system.
Common law is based on custom and precedent, which means that decisions in court cases themselves become the basis for future interpretations of the law.
encarta.msn.com /text_761562626___27/Puerto_Rico.html   (1029 words)

  
 PUERTO RICO HERALD: Needed: A New Labor Consensus   (Site not responding. Last check: 2007-11-03)
Business groups say the myriad labor laws designed to protect workers’ rights are scaring off companies who are spooked by stories of high rates of employee absenteeism, a tangled bureaucracy to process worker claims against employers, and wage and overtime rules that work against the normal work-hours of modern business.
The laws were written to protect workers from the abusive environment on the sugarcane plantations, said one labor lawyer who asked not to be identified.
Another business-unfriendly law, said Hopgood, is the one establishing the summary grievance procedure, which gives employees up to eight years to file a grievance with the Department of Labor and Human Resource’s Bureau of Work Claims.
www.puertorico-herald.org /issues/2004/vol8n40/CBNeededLabor.shtml   (2563 words)

  
 RICO ACT, Jeff Grell, Racketeer Influenced and Corrupt Organizations, RICO, Attorney at Law
When it was passed in 1970, the RICO Act was primarily intended to eliminate the influence of the Mafia in the nation's economy.
Seldom was RICO used outside of the context of the Mafia, and it is not an overstatement to say that civil claims under RICO were simply not brought.
RICO's broad application was the result of Congress' inclusion of mail and wire fraud as two crimes upon which a RICO claim could be brought.
www.ricoact.com   (488 words)

  
 Urban Legends Reference Pages: RICO Suave
RICO, as these laws are more commonly known, made it "unlawful to conduct or conspire to conduct an enterprise whose activities affect interstate commerce by committing or agreeing to commit a pattern of racketeering activity." In other words, the
After RICO entered common parlance, the rumor began to spread that "Racketeer Influenced and Corrupt Organizations" was chosen not because it was the most appropriately descriptive name for the laws, but because it created a clever acronym that matched the name of
Robert Blakey, the Notre Dame Law School professor who drafted RICO for Congress, maintains the name was selected for functional reasons, however, because it applies to both legitimate businesses which have been infiltrated by organized crime (hence "racketeer influenced") and mob-controlled organizations (which are "corrupt").
www.snopes.com /language/acronyms/rico.asp   (510 words)

  
 Center for Immigration Studies
Part of the legislative intent of the RICO laws in general was to afford private citizens a remedy for lawbreaking when authorities normally charged with such enforcement became derelict in their duties.
For example, in a town in which political corruption and racketeering activity have combined to the detriment of law-abiding citizens and the rule of law, the RICO Act was intended to provide private citizens the ability to initiate court action to compel enforcement and respect for the law.
The inclusion of INA violations as RICO predicate acts in the 1996 immigration reform act was an attempt by Congress to provide private citizens with recourse in the face of widespread disregard for immigration laws.
www.cis.org /articles/2003/back1103.html   (4739 words)

  
 RICO
RICO actions are potentially much more threatening than antitrust actions because RICO does not require either market share or monopoly power.
Since these laws prohibit hospitals and third-party payers from providing financial incentives to influence physicians' decisions about their patients, physicians who receive these incentives are technically receiving bribes.
RICO is not intended to provide a remedy for anticompetitive actions covered under the antitrust laws.
biotech.law.lsu.edu /Books/lbb/x500.htm   (419 words)

  
 Racketeer Influenced and Corrupt Organizations Act - Wikipedia, the free encyclopedia
RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. through 18 U.S.C. It has been speculated that the name and acronym were selected in a sly reference to the movie Little Caesar, which featured a notorious gangster named "Rico." The original drafter of the bill, G.
Although some of the RICO predicate acts are extortion and flmail, one of the most successful applications of the RICO laws has been the ability to indict or sanction individuals for their behavior and actions committed against witnesses and victims in alleged retaliation or retribution for cooperating with law enforcement or intelligence agencies.
The RICO laws can be alleged in cases where civil lawsuits or criminal charges are brought against individuals or corporations in retaliation for said individuals or corporations working with law enforcement, or against individuals or corporations who have sued or filed criminal charges against a defendant.
en.wikipedia.org /wiki/RICO_(law)   (1411 words)

  
 Doing Business in Puerto Rico: Legal News & Developments: October 1, 2006 - October 7, 2006
Puerto Rico issued after August 3, 1935, for the purpose of retiring previously outstanding bonds or obligations shall not be included in computing the public indebtedness of Puerto Rico under section 745 of this title, until six months after their issue.
All laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said island and waters and to its adjacent islands and waters.
No law shall be made abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
puertoricolaw.typepad.com /doing_business_in_puerto_/2006/week40   (13376 words)

  
 NRA-ILA :: Federal Gun Laws
PLEASE NOTE: In addition to territorial laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owners` Protection Act.
Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances - Firearms, available from the U.S. Government Printing Office, Washington, D.C. The National Rifle Association does not publish a summary-of-laws brochure dealing specifically with the laws of the Commonwealth of Puerto Rico.
To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
www.nraila.org /GunLaws/FederalGunLaws.aspx?ID=57   (4132 words)

  
 "Judicial Activism, a Pattern of Racketeering Activity"
It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity.
The RICO laws were enacted to attack real gangsters, not legitimate organizations like our judicial branch of government.
Nevertheless, there's no chance the RICO law will ever be used to hold our judicial employees accountable for their "pattern of racketeering activity." There are thousands of highly placed co-conspirators in politics, the law, the media, and academe.
home.att.net /~ttokarnak/RICO.html   (765 words)

  
 1-24-94 SUPREME COURT DECISION NEW INTERPRETATION OF RACKETEERING INFLUENCED CORRUPT ORGAN
Organizations and groups are now jointly and severally liable to Civil RICO law suits when members, known to have committed criminal acts for their organization's or group's cause, are not ejected and/or turned over to the appropriate authorities.
Members of lawful and legitimate organizations must be extremely careful not to associate with other groups who have members who have committed criminal acts, but who have not been either ejected from the group or arrested.
Government's RICO Arsenal Americans who are successful in confronting the injustices and tyrannical activities of governments, may find that their success, whether it be individual, by group or organization action, may be met by government's new political RICO arsenal.
www.skepticfiles.org /aj/dtricoac.htm   (1017 words)

  
 ILW.COM - immigration news: RICO Laws Becoming The Last Resort Of American Workers   (Site not responding. Last check: 2007-11-03)
A lawsuit that was filed in Rome, Georgia, against Mohawk Industries Inc., is an indictment of the federal government’s refusal to enforce laws against the employment of illegal aliens as much as it is of the company itself, says the Federation for American Immigration Reform (FAIR).
With federal enforcement of employer sanctions laws — meant to protect American workers against unfair competition from illegal aliens — virtually nonexistent, American workers are being forced to seek relief in the courts under the RICO statutes.
The lead attorney in the lawsuit, Howard Foster of Chicago, successfully used the RICO laws against employers in other parts of the country who have engaged in the practice of knowingly hiring illegal aliens.
www.ilw.com /lawyers/articles/2004,0225-fair.shtm   (626 words)

  
 CIVIL SUITS AGAINST INSURERS, PRO SE, USING RICO
Forsyth that insurers are not uniformly protected under federal law in their criminal activities by the McCarran-Ferguson Act; specifically, insurers are not protected from civil prosecution under the RICO laws of the Federal government, and that insurers may indeed be sued for Racketeering Activities under RICO, without frustrating the State's Regulatory Powers.
Rico is not such a law, and does not mention or attempt to regulate insurance, an so by the Justices' reasoning cannot be a federal statute whose application is prohibited by M-F.
Some States have RICO laws of their own, and these in particular, must not be frustrated by application of Federal code.
graham.main.nc.us /~bhammel/INS/ProSe.html   (3470 words)

  
 RICO Cases - Federal RICO Act
The RICO Act also allowed individuals or businesses injured by a series of specified criminal violations, which are known as RICO predicate acts, to bring a case under the RICO Act.
Successful plaintiffs in RICO cases are permitted to receive judgments in an amount of three times their actual damages, plus the costs of the action and attorneys’ fees.
This experience includes numerous criminal RICO prosecutions of organized crime cases for the United States of America in their capacities as federal prosecutors, as well as RICO cases in the civil arena.
www.finchmccranie.com /rico.htm   (341 words)

  
 Is This the End of R.I.C.O?
RICO was considered by both the public and the media as intended to combat traditional organized crime and its infiltration of legitimate enterprises.
RICO represents a major expansion of the federalization of crime and which, for now, appears to be quite acceptable, despite those protesting its wider use, to both the courts and a large segment of the American public as well.
The megatrials that RICO often creates are extremely costly (including the costs of providing court-assigned counsel), frequently join together at a single trial individuals who have a right to separate determinations of their guilt and allow evidence (some of it inflammatory) that would be inadmissible at an individual trial (Lefcourt, Horwitz 1988).
www.fsu.edu /~crimdo/rico.html   (7129 words)

  
 Use of the RICO Act Against Pro-Life Groups
Because of the nature of the RICO act, these damages were tripled to about $258,000.
It ruled that the law can only be used in instances of criminal activity motivated by economic gain.
On 2003-FEB-26, the U.S. Supreme Court voted in an unusual 8:1 split that RICO cannot be used against pro-life clinic protesters.
www.religioustolerance.org /abo_rico.htm   (1003 words)

  
 PUERTO RICO HERALD: Labor laws weigh heavily on Puerto Rico’s employers   (Site not responding. Last check: 2007-11-03)
HB 1601 of May 9 is a proposed amendment to Law 180 of July 27, 1998, known as "Minimum Wages, Vacation, and Sick Leave Act of Puerto Rico." The amendment seeks to provide vacation and sick-leave benefits to part-time employees.
Federal law requires all hours worked in excess of 40 a week are paid at the rate of time and a half the employee’s regular hourly rate.
Puerto Rico’s vast employment regulations govern the individual employment contract, including the flexibility of hiring through part-time and fixed-term contracts, and conditions of employment, including the maximum number of hours in a workweek, premiums for overtime work, paid annual leave, and a minimum wage.
www.puertorico-herald.org /issues2/2005/vol09n34/CBLaborLaws.shtml   (5916 words)

  
 Puerto Rico - MSN Encarta
It wants to create a socialist democratic republic, in which the government would play a major role in economic planning, the production of goods, and the distribution of wealth.
Archaeologists believe that the island of Puerto Rico was first settled in the 1st century ad.
When the Spanish arrived in 1493, the island was inhabited by an agricultural people belonging to the Arawakan language family.
encarta.msn.com /encyclopedia_761562626_7/Puerto_Rico.html   (883 words)

  
 The Federation for American Immigration Reform (FAIR): RICO Laws Becoming the Last Resort of American Workers
With federal enforcement of employer sanctions laws meant to protect American workers against unfair competition from illegal aliens virtually nonexistent, American workers are being forced to seek relief in the courts under the RICO statutes.
The suit is being brought by four current and former employees of Mohawk Industries, one of the largest carpet manufacturers in the nation.
The lead attorney in the lawsuit, Howard Foster of Chicago, has successfully used the RICO laws against employers in other parts of the country who have engaged in the practice of knowingly hiring illegal aliens.
www.fairus.org /site/PageServer?pagename=media_media37e0   (593 words)

  
 Rico
RICO represented the reintroduction of in personam criminal forfeitures following a 180 year period in which they were virtually never used and many perceived them as banned by the Constitution (for treason) and by the first U.S. Congress (for any federal felony).
The public perception of the intent of RICO and CCE was that the statutes would be used to prosecute traditional organized crime families; particularly those that had infiltrated legitimate businesses or labor unions, or were involved in international drug smuggling.
There have been a number of RICO cases, both criminal and civil, appealed on the basis that the statutes are in conflict with basic constitutional protections afforded all criminal defendants.
www.crimewebsite.com /rico_page.htm   (7139 words)

  
 US Code Title 18, - RICO LAWS
This is a verbatim reproduction of Title 18 (The Rico Laws) from the Government Printing Office (GPO) on line, with hyperlink enhancements to be added - real soon now - referenced documents.
Expedition of actions In any civil action instituted under this chapter by the United States in any district court of the United States, the Attorney General may file with the clerk of such court a certificate stating that in his opinion the case is of general public importance.
Evidence In any proceeding ancillary to or in any civil action instituted by the United States under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.
graham.main.nc.us /~bhammel/INS/RICO.html   (3801 words)

  
 Puerto Rico statutes, regulations, and court decisions
Primary sources from Puerto Rico are published in Spanish, the official translations into English takes longer to be available either published or from the government agency.
LEXIS has a Puerto Rico library that contains a file for the annotated statutes, both in English and Spanish, and a file that contains the text of recently passed laws, though it is not updated.
This is a database in CD-ROM format containing the full text in Spanish of Leyes de Puerto Rico 4notadas (Laws of Puerto Rico 4nnotated), and the full text of the decisions, in Spanish, of the Supreme Court of Puerto Rico, from 1899 to the present.
library.law.unc.edu /cosell/pr-1.htm   (893 words)

  
 New laws to trap crime bosses | Society | SocietyGuardian.co.uk
The government is considering introducing powerful new conspiracy laws to tackle up to 200 master criminals who are effectively untouchable because current legislation does not give the police enough powers to tackle them.
The willingness of the Home Office to consider new powers for the police became apparent yesterday when it emerged that a leading criminologist, Professor Michael Levi of Cardiff University, was asked to prepare a paper on methods used by other countries to tackle organised crime.
Sir David Phillips, the chief constable of Kent, has advocated the use of similar laws to Lord Justice Auld, who is preparing a report on root and branch reform of the criminal justice system.
society.guardian.co.uk /crimeandpunishment/story/0,8150,475708,00.html   (619 words)

  
 FBI seeks to apply RICO laws to hackers | The Register   (Site not responding. Last check: 2007-11-03)
RICO convictions enable the Feds to appropriate property believed to derive from criminal activity.
The statutes also enable the Feds to seize property pursuant to a conviction, leaving an exonerated suspect with the burden of recovering his or her property from various federal agencies notorious for their slow response.
Federal prosecutors have used RICO to attack drugs traffickers -- and with limited results, we might add, owing to the spectacular hauls such criminals typically enjoy.
www.theregister.co.uk /2000/02/17/fbi_seeks_to_apply_rico   (532 words)

  
 NFIB Fights Abuse of Civil RICO Laws against Small Business   (Site not responding. Last check: 2007-11-03)
The RICO statute, which was originally intended to deter mobsters, racketeering and organized crime, is now being used against small businesses and other organizations as a means to bring claims typically limited to state courts into the federal court system, where a plaintiff can recover treble damages and attorney’s costs.
Additionally, the stigma associated with RICO, a charge historically linked to mobsters, racketeering and organized crime, can be devastating for a small business.
Mohawk Industries contracted an employment agency to hire employees for their business and was then charged with acting as an “enterprise” with the employment agency in violation of the RICO statute.
www.nfib.com /object/IO_26590?_templateId=315   (462 words)

  
 Puerto Rico Homeschooling Laws - A to Z Home's Cool
Attendance at public schools shall not be compulsory for those who are receiving education in schools established under the auspices of non-governmental entities.
Non-governmental schools are not clearly defined or regulated by law.
Only "primary or secondary academic" schools which " declare, promises, announces, or expresses the intention of granting certificates, diplomas, degrees, or licenses" are required to be licensed.
homeschooling.gomilpitas.com /laws/blPR.htm   (303 words)

  
 Puerto Rico
If there are increasing circumstances, the penalty could be risen up to a maximum of twelve years; if there are extenuating circumstances, it could be reduced down to a minimum of six years".
1974 Puerto Rico’s new criminal code creates a unique sodomy law in the United States in that anal sex is illegal between any two persons, but oral sex is illegal only between people of the same sex.
Puerto Rico’s Law 103: A Colonial Imposition - The Gully, March 14, 2003
www.sodomylaws.org /usa/puerto_rico/puerto_rico.htm   (562 words)

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