Note:
Lewis LeClair, Criminal Law—Enforcing Criminal Laws Through
Civil Proceedings: Section 1964 of the Organized Crime Control
Act of 1970, 18 U.S.C. § 1964 (1970), 53 Texas L. Rev. 1055
(1975).
Abstract:
The federal government’s quest for new and more effective
measures to combat organized crime’s ability to escape
traditional sanctions culminated in the passage of Title IX of
the Organized Crime Control Act of 1970. Title IX, and in
particular section1964, embody Congress’ attempt to attack
organized crime’s economic base by removing organized criminal
leaders from legitimate business organizations affecting
interstate commerce. Through section 1964, Congress sought to
strengthen the Government’s hand with the broader discovery and
the lower burden of proof available in a civil proceeding.
Congress’ bold grant of these broad equitable powers to the
court calls into question the propriety of allowing the exercise
of such sweeping sanctions in civil cases.