Memorandum. TO: Lead Attorney. FROM: Legal Assistant. R
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Added on 2019-09-16
Memorandum TO: Lead AttorneyFROM: Legal Assistant RE: Future of the RICO Defence and the need to maintain criminal defence practice DATE: November 03, 2016ISSUEWhether maintaining RICO criminal defence practice is viable at this point in time?DISCUSSIONThe RICO Act was enacted to destroy the mafia influence over business andeliminate the “racketeering activity” caused due to the violation of federal laws.Criminal offences which qualify under racketeering activities include 35 listed actionsspecified under the US Code such as activities involving bribery, theft,embezzlement, misappropriation, illegal immigration, committing acts of terrorismetc.[ CITATION Jef03 \l 1033 ]While this is the highly specialized field in legal practice,the stakes can be high as well. Defending the criminal charges is based on theprosecution memorandum under s 1959 of the Act[ CITATION Off16 \l 1033 ],summarising that the defendants have committed incidents in furtherance to theenterprise that they are involved in.In order to prosecute, the investigators are required to establish existence of criminalorganization, and the practice of two or more RICO crimes. In practice, RICO isapplied to individuals, businesses, political protest groups and terrorist organization.RICO claims against businesses can prove to be extremely costly as the penalty isthree times the amount lost besides having implications of punitivedamages[ CITATION Fed16 \l 1033 ] as well. ANALYSISIn the light of the fact that RICO law practice is already a speciality for a firm likeours, is likely to remain an active area of practice. RICO act places the highestburden of proof on the defendant, whereby engaging a competent lawyer isinevitable. It will be highly beneficial in cases where the companies are willing toshell out big money to defend against RICO claims. CONCLUSIONIn the light of the above discussion, it would be beneficial for the firm like outs toretain this section of practice as the future prospects of the defence division is good.
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