Exclusive or Concurrent Jurisdiction Over Private Civil RICO Actions: Finding the Appropriate Reference

RICO is the acronym for Title IX of the Organized Crime Control Act of 1970, entitled "Racketeer Influenced and Corrupt Organizations."'Congress enacted RICO primarily to combat organized crime, specifically racketeering activity.2 RICO prohibits:(1) conducting the affairs or participating in the conduct of the affairs of an enterprise engaged in or affecting interstate commerce through a pattern of racketeering activity;(2) acquiring or maintaining an interest in such an enterprise through a pattern of racketeering activity;(3) using funds obtained through a pattern of racketeering activity to invest in any such enterprise.RICO also makes it illegal to conspire to engage in any of the foregoing conduct.3 "Racketeering activity" includes certain enumerated criminal acts under federal or state law. 4 Besides providing for criminal * Editors' Note: Well into the publication of this Note, the United States Supreme Court decided that state courts have concurrent jurisdiction over civil RICO claims in Tafflin v. Levitt, No. 88-1650 (Jan.22, 1990) (LEXIS, Genfed library, US file).Because the author addresses and rejects most of the arguments accepted by the Court, the Note may be read as a criticism of the Court's decision.