Do the civil provisions of RICO allow disgorgement or not?
The statute is not clear on this point. While the criminal provisions of RICO do expressly provide for disgorgement as a remedy, the civil remedies are silent on the issue. They do say, however, district courts of the United States shall have jurisdiction to prevent and restrain [RICO] violations by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons. Disgorgement is among the remedies generally available to federal courts. Can the RICO statutes silence on disgorgement possibly mean that this establ
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