(18) Why not assure the enforcement of voluntary agreements to arbitrate RICO disputes? See McMahon v. Shearson/American Express, Inc., 788 F.2d 94, 98 (2nd Cir.) (not subject to arbitration), cert. granted, 107 S.Ct. 60 (1986). (19) Why not provide that jurisdiction is exclusive in the federal courts? Compare Cianci v. Superior Court of Contra Costa County, 221 Cal. (20) Why not provide for recovery of prejudgment interest? See Louisiana Power & Light Co. v. United Gas Pipe Line Co., 642 F. Supp. 781, 810-11 (E.D.La. 1986) (RICO does not authorize prejudgment interest). The oft-told tale of Chicken Licken is oft-told, for it contains valuable folk wisdom: do not be unduly alarmed and run off at the first sign of possible danger without a thorough investigation of its cause; do not lightly depend on mere hearsay for crucial information; and be especially careful of apparently disinterested advice from those who are, in fact, not disinterested. As such, Chicken Licken's sad fate may well have lessons to teach in the current civil RICO debate. Too much of what we hear about RICO has about it the air of undue alarm; it is rooted in the rankest sort of unsupported and insupportable hearsay; and it comes from quarters that those of us who are more like "fowls" ought to recognize as reflecting advice from those who are more like "foxes." The outcome of the civil RICO reform debate is yet in doubt. Care ought to be exercised to assure that those who would reform civil RICO out of fear of its abuse in fraud litigation do not end up like Chicken Licken: a victim of fraud, without the benefit of a RICO-like means of redress.13 13 Colt Industries, Inc., for example, suggested that fraud based predicate offenses be removed from private civil RICO actions. Oversight at 225. Apparently, Colt Industries is now among the victims of the developing insider trading scandal. Wall Street Journal, Feb. 18, 1987, col. 3, p. 11. APPENDIX 99TH CONGRESS 2D SESSION H. R. 5445 IN THE SENATE OF THE UNITED STATES OCTOBER 9 legislative day, OCTOBER 6), 1986 Received; read twice and referred to the Committee on the Judiciary II 1 AN ACT To amend chapter 96 of title 18, United States Code. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. PATTERN OF ILLICIT ACTIVITY. 4 (a) CHAPTER 96 HEADING.-The heading for chapter 5 96 of title 18, United States Code, is amended by striking out 6 "RACKETEER INFLUENCED AND CORRUPT 7 ORGANIZATIONS" and inserting in lieu thereof "PAT8 TERN OF ILLICIT ACTIVITY". 9 (b) SECTION 1961.-Section 1961 of title 18, United 10 States Code, is amended 11 12 (1) in paragraph (1), by striking out "racketeering" the first place it appears and inserting "illicit" in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 (2) in paragraph (5), by striking out "racketeering" each place it appears and inserting "illicit" in lieu thereof; (3) in paragraph (7), by striking out "racketeer ing" each place it appears and inserting "criminal" in lieu thereof; and (4) in paragraph (8)— (A) by striking out "racketeering" the first place it appears and inserting "illicit activity" in lieu thereof; and (B) by striking out "racketeering" the second place it appears and inserting "criminal" in lieu thereof. (c) SECTION 1962.-Section 1962 of title 18, United 15 States Code, is amended by striking out "racketeering" each 16 place it appears and inserting "illicit" in lieu thereof. 17 (d) SECTION 1963.—Paragraph (3) of section 1963(a) of 18 title 18, United States Code, is amended by striking out 19 "racketeering" and inserting "illicit" in lieu thereof. 20 (e) SECTION 1968.-Section 1968 of title 18, United 21 States Code, is amended (1) in subsection (a), by striking out "a racketeer ing investigation" and inserting "an illicit activity in 3 (2) in subsection (b), by striking out "racketeering" each place it appears and inserting "illicit activity" in lieu thereof; (3) in subsection (c), by striking out "racketeering" each place it appears and inserting "illicit activity" in lieu thereof; and (4) in subsection (f)— (A) by striking out "racketeering" the first, second, and fifth places it appears and inserting "criminal" in lieu thereof; (B) by striking out "racketeering" each other place it appears and inserting "illicit activity" in lieu thereof; and (C) by striking out "racketeer" and inserting "illicit activity" in lieu thereof. 16 SEC. 2. CIVIL RECOVERY. 17 Subsection (c) of section 1964 of title 18, United States 18 Code, is amended to read as follows: 19 "(c)(1)(A) A governmental entity whose business or 20 property is injured by conduct in violation of section 1962 of 21 this title may bring, in any appropriate United States district 22 court, a civil action against the person who engaged in such 23 conduct and shall recover threefold the actual damages that 24 the governmental entity sustained by reason of such injury, |