RICO and the Operation or Management Test: The Potential Chilling Effect on Criminal Prosecutions

For more than two decades, prosecutors, plaintiffs\u27 lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ( RICO or the Act ). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory liberal interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act