Extraterritorial Human Rights and the Racketeer Influenced and Corrupt Organizations Act (RICO) after Morrison v. National Australia Bank Ltd.

Abstract

Prior to Morrison, extraterritorial application of U.S. laws could be implied. Since Morrison, extraterritorial law must be anchored in text or legislative history. This book chapter looks at the Racketeering Influenced and Corrupt Organizations Act (RICO) to determine whether RICO has extraterritorial application after Morrison. The chapter argues that RICO was intended to have extraterritorial effect. However, currently, district courts interpret RICO as having no extraterritorial effect. The U.S. Department of State (DOS) wishes to have RICO given extraterritorial effect. This article argues that Statements of Interest by the DOS can allay and cure concerns about the propriety of extraterritoriality. The best way to reconcile the cases until the Congress amends the RICO to delineate exactly when RICO has extraterritorial effect or application is to see that while the RICO "enterprise" must be in the U.S. or on the U.S. market, RICO predicate acts may be extraterritorial.

Keywords: RICO, extraterritorial, jurisdiction, racketeering, organized crime, mafia, cosa nostra, corruption, international law

JEL Classification: K13, K33, K42