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I have heard the RICO Act criticized because it includes mail and wire fraud as acts of racketeering upon which a RICO claim can be based. What is the problem with the mail and wire fraud statutes?

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I have heard the RICO Act criticized because it includes mail and wire fraud as acts of racketeering upon which a RICO claim can be based. What is the problem with the mail and wire fraud statutes?

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The mail and wire fraud statutes are very, very broad. Before RICO, the mail and wire fraud statutes could be enforced only by U.S. Attorneys, who didn’t have time to prosecute everyone engaged in conduct that potentially violated the statutes.

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