The Precarious Constitutionality of RICO Civil Remedies
Rodgers, Edward J. III
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This Comment will analyze the differences between civil, quasi-criminal and criminal cases, and demonstrate that RICO civil remedies are civil (regulatory-compensatory) in nature, rather than criminal (penal), or quasi-criminal. In making this determination, this Comment will examine the legislative history of RICO and its relationship to antitrust precedent, and apply to RICO the tests currently used by the United States Supreme Court to determine borderlines between civil, quasi-criminal and criminal laws.