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Racketeering
RACKETEERING CAN BE generally defined with reference to an individual (a racketeer) who uses extortion, loan sharking, bribery, or obstruction of justice to further her illegal activities. Often, an individual who practices racketeering may also use her formal authority or some type of formal or informal power to illegally persuade others to further her interests. Although definitions of the term racketeering are contained within U.S. Federal statutes, these definitions have been criticized by legal scholars, who have argued that the definitions are too vague and ambiguous. The official definition of racketeering can be found in the Organized Crime Control Act of 1970, or Public Law 91–452. Interestingly, a synonym for racketeer is fraudster, a label that is often used to describe white-collar and corporate offenders.
In the field of criminology, racketeering almost immediately brings to mind images of organized crime, as opposed to white-collar or corporate crime. The same image tends to hold for the related and often interchangeable term, racketeering activity. However, researchers focused on this area of study have readily acknowledged that the line between white-collar crime, corporate crime, and organized crime is often blurred. To successfully operate a criminal organization, also known as a mafia, at least some amount of support from the larger society is needed. Organized crime members may further their criminal interests by involving legitimate businesses and their representatives in their activities.
For example, corrupting legal officials such as police, judges, and legislative officials may occur through bribery or blackmail. Available research on this topic demonstrates that certain industries have historically been more likely to become involved in the activities of organized criminal groups. These industries have included gambling, trash collecting, and freight loading. Many of the racketeering activities associated with these industries have been referred to as white-collar crime, rather than organized crime.
A Challenging Endeavor
The overlap between white-collar crime, corporate crime, and organized crime can also be seen more clearly by examining the legal responses to a variety of criminal and civil violations. Many of these acts occur within the context of legitimate business operations, making their detection and eventual punishment a very challenging endeavor. Studies of corporate crime have documented the numerous difficulties that may be associated with the prosecution of organizations.
For example, determining punishment for an organization can be problematic when offenses include several individuals acting on behalf of the legitimate business. Unlike the case of a single offender, some of the more severe sanctions, such as incarceration, cannot be levied against an entire organization. Historically, one of the most common available sanctions for organizational defendants has been in the form of a monetary fine.
Over the last two decades, additional punishment options for organizational defendants, as well as criminal individuals, have become available through the Racketeer Influenced Corrupt Organizations (RICO) Act. A provision of the aforementioned Organized Crime Control Act, the RICO statute was originally enacted by Congress to target the criminal enterprises of organized crime families. In fact, it is viewed legally as the primary means of convicting known mobsters or gangsters.
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