Why do people complain that RICO is used against corporations?
When originally passed by Congress in 1970, the RICO Act was aimed at reducing and eventually eliminating the influence of the Mafia and other organized criminal syndicates over the United States economy. In United States v. Turkette, 452 U.S. 576 (1981), the Supreme Court held that RICO applied to both legitimate and illegitimate RICO enterprises. Before that decision, many lower courts attempted to limit RICO to “criminal”, “illegitimate” or “racketeering” enterprises. Given the ruling in Turkette, RICO could be used not only against the Mafia and other criminal organizations but it could be used against corporations, political protest groups, labor unions, loosely knit-groups of people. Literally, a RICO claim could be based upon the activities of any group or organization whose members pursue a common goal.
