Scrutinizing RICO

Past studies on the Racketeering Influenced and Corrupt Organizations Act (criminal RICO) are merged with research on organized crime and recently collected information on the presence of informants in appellate cases. After identifying problems associated with the statute since its enactment in 1970, attention is directed toward the place of informants within court proceedings applying criminal RICO. The central finding points to a relatively high presence of informants in such cases. The explanation that follows accounts for the prevalence of informants in RICO cases by combining: (1) the statutes liberal construction, (2) an increasing acceptance amongst government and law-enforcement officials that the use of informants is essential to the fight against the apparent organized crime threat, and (3) the rationalization that extends from the prosecutorial success that has been documented within the United States and in other countries that have adopted similar forms of legislation.We would like to thank Pierre Tremblay and Marie-Andrée Bertrand for their comments and suggestions on past versions of this paper. We also show our gratitude to Gerard Lynch for his help during early phases of this research.