101ST CONGRESS 1ST SESSION H. R. 1046 To amend chapter 96 of title 18, United States Code (relating to Racketeer Influenced and Corrupt Organizations). I IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 1989 Mr. BOUCHER (for himself, Mr. GEKAS, Mr. MICHEL, Mr. COLEMAN of Texas, Mr. BRYANT, Mr. MOAKLEY, Mr. HATCHER, Mr. PENNY, Mr. CLINGER, Mr. SMITH of Florida, Mr. CRAIG, Mr. DERRICK, Mr. SCHIFF, Mr. BURTON of Indiana, Mr. DENNY SMITH, Mr. WHITTAKER, Mrs. COLLINS, Mr. HAMMERSCHMIDT, Mr. RAHALL, Mr. KLECZKA, Mr. TALLON, Mr. FAWELL, Mr. SLATTERY, Mr. EMERSON, Mr. SPRATT, Mr. PORTER, Mr. LENT, Mr. MarLENEE, Mr. THOMAS of California Mr. FEIGHAN, Mr. KANJORSKI, Mr. MCEWEN, Mr. BROWN of Colorado, Mr. GORDON, Mr. JACOBS, Mr. LIVINGSTON, Mr. SCHAEFER, and Mr. WILSON) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 96 of title 18, United States Code (relating to Racketeer Influenced and Corrupt Organizations). 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "RICO Reform Act of 5 1989". 2 1 SEC. 2. ADDITION OF PREDICATE OFFENSES. 2 Section 1961(1) of title 18, United States Code, is 3 amended (1) in subparagraph (A), by inserting "prostitution involving minors," after "extortion,"; (2) in subparagraph (B)— (A) by inserting before "section 201 (relating to bribery)," the following: "section 32 (relating to destruction of aircraft or aircraft facilities), section 81 (relating to arson), section 112(a), (c)–(f) (relating to protection of foreign officials and other persons), section 115 (relating to acts against Federal officials and other persons),"; (B) by inserting after "sections 471, 472, and 473 (relating to counterfeiting)", the following: "section 510 (relating to forging of Treasury or other securities), section 513 (relating to for gery of State and other securities),"; (C) by inserting after "section 664 (relating to embezzlement from pension and welfare funds)," the following: "section 875(a) (relating to threats and extortion),"; (D) by inserting after "section 1029 (relating to fraud and other activity in connection with access devices)," the following: "section 1030 (relating to fraud in connection with computers),"'; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 222 23 24 25 3 (E) by inserting after "section 1084 (relating to the transmission of gambling information)," the following: "sections 1111-1112, 1114, 11161117 (relating to homicide), section 1203 (relating to hostage taking),"'; (F) by striking out "section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tam pering with a witness, victim, or an informant), section 1513 (relating to retaliating against a wit ness, victim, or an informant)," and inserting in lieu thereof the following: "sections 1501-1506, 1508-1513, and 1515 (relating to obstruction of justice),"'; (G) by inserting after "sections 2251-2252 (relating to sexual exploitation of minors)," the following: "section 2277 (relating to vessels),"'; (H) by inserting after "sections 2314 and 2315 (relating to interstate transportation of stolen property)", the following: "section 2318 (relating to counterfeit materials),"'; and (I) by inserting after "section 2320 (relating to trafficking in certain motor vehicles or motor 1 2 3 4 5 6 7 8 9 4 vehicle parts)," the following: "section 2331 (relating to terrorist acts abroad),"; (3) by striking out "or" at the end of subpara graph (D); (4) by striking out the semicolon at the end of subparagraph (E) and inserting in lieu thereof "(F) any offense under section 134 of the Truth in Lending Act, or (G) section 5861(b)–(k) of the Internal Revenue Code of 1986 (relating to firearms controls);". 10 SEC. 3. BURDEN OF PROOF. 11 Section 1964(a) of title 18, United States Code, is 12 amended by inserting after "of this chapter by issuing" the 13 following: ", upon proof by a preponderance of the evi14 dence," 15 SEC. 4. CIVIL RECOVERY. 16 Subsection (c) of section 1964 of title 18, United States 17 Code, is amended to read as follows: 18 “(c)(1)(A) A governmental entity (excluding a unit of 19 local government other than a unit of general local govern20 ment), whose business or property is injured by conduct in 21 violation of section 1962 of this title may bring, in any appro22 priate United States district court, a civil action therefor and,. 23 upon proof by a preponderance of the evidence, shall recover 24 threefold the actual damages to the business or property of 25 the governmental entity sustained by reason of such viola 5 1 tion, and shall recover the costs of the civil action, including 2 a reasonable attorney's fee. 3 "(B) A civil action under subparagraph (A) of this para 4 graph must be brought by 5 6 7 8 9 10 11 12 23 13 1 14 15 16 17 18 19 20 "(i) the Attorney General, or other legal officer authorized to sue, if the injury is to the business or property of a governmental entity of the United States; "(ii) the chief legal officer of a State, or other legal officer authorized to sue, if the injury is to the business or property of a governmental entity of the State; "(iii) the chief legal officer, or other legal officer authorized to sue, of a unit of general local government of a State, if the injury is to the business or property of the unit of general local government; or "(iv) a court-appointed trustee, if the injury is to the business or property of an enterprise for which the trustee has been appointed by a United States district court under section 1964(a) of this title. "(2) A person whose business or property is injured by 21 conduct in violation of section 1962 of this title may bring, in 22 any appropriate United States district court, a civil action 23 therefor and, upon proof by a preponderance of the evidence, 24 shall recover |