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SCOTUS says constitutional protection against excessive fines applies to state action
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(02-20-2019, 07:56 PM)fredtoast Wrote: RICO applies to a lot more than just enterprises that cross state lines, and there are substantial seizure powers involved.  The seizure and cost bond elements were included in RICO because many types of "racketeering" involved actions against "shell corporations". There is a civil damages part to RICO and this prevents the owners of these shell corporations from absconding with the assets leaving a judgement against a corporation with no value.

RICO also allows for "treble damages" as part of the civil section.  These types of laws are not considered unconstitutional.

Thank you, Fred, for expanding on my very basic explanation of the law.  Asset seizure related to RICO, as you say, is not a fine and would not be subject to this ruling.  There is an enormous difference between a fine incurred for an illegal act and the money generated by an illegal act. 





Messages In This Thread
RE: SCOTUS says constitutional - bfine32 - 02-20-2019, 07:42 PM
RE: SCOTUS says constitutional protection against excessive fines applies to state action - Sociopathicsteelerfan - 02-20-2019, 08:02 PM

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