Re: Anti-Electronic Racketeering Act of 1995
-----BEGIN PGP SIGNED MESSAGE----- To: Andrew.Spring@ping.be Andrew Spring writes:
So I'm wondering who this RICO stuff applies to. The guy who wrote it and uploaded it to an FTP site? He's not profiting. The guy who uses it? He didn't commit the predicate act. Who?
RICO does not require that either the enterprise or the predicate acts were motivated by (hope of) economic gain. _National Organization for Women v. Scheidler_, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994) or ftp://ftp.cwru.edu/hermes/ascii/92-780.ZO.filt Looks like Bob Dornan wants to change that, though (probably because RICO was used to sue anti-abortion terrorists). He introduced HR 230 which would amend 18 USC 1961(5) to require "profit-seeking purpose" to establish a RICO "enterprise". THOMAS says that HR 230 is in the House Judiciary Committee. RICO is at http://www.law.cornell.edu:80/uscode/18/ch96.html et seq :) for the curious. -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBMAtASn3YhjZY3fMNAQFZ+AP/VLcDCikMkzT8iA/AmdpKvWpSc/nOybma /6KCnVgOms7+g+MNnJZHQFzjxV2oMjtXSZD1/0ZQeeuZcJGZDqR1tbwj93JNfRjW LsNHB9d5xXk9xxbvJwY+TJgCGeZtp7Yb38yVt2MRGioyl5TDPFNOYTbSPr2t0TCr 0k4aeV81Mq0= =m5jT -----END PGP SIGNATURE-----
participants (1)
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Greg Broiles