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Title:

CIVIL RICO APPLICATIONS IN THE HIGHWAY CONSTRUCTION INDUSTRY

Accession Number:

00621557

Record Type:

Component

Availability:

Transportation Research Board Business Office

500 Fifth Street, NW
Washington, DC 20001 United States
Order URL: http://www.trb.org/Main/Public/Blurbs/154608.aspx

Abstract:

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted primarily to combat organized crime. However, Congress did not make organized crime the exclusive target of RICO. Congress fashioned expansive liability provisions that make RICO applicable to numerous categories of white collar crime as well. The statute can clearly be used to address abuses in the bidding, performance, and billing of highway construction contracts. Like other segments of the business community, the highway construction industry is affected by the increased use of criminal and civil RICO. This paper provides a further explanation of civil RICO, followed by a discussion of: substantive RICO violations; the standing requirements for a civil RICO action; pleading and proof; damages, costs and attorneys' fees; limitation of actions; jurisdiction; and arbitration. The paper then addresses the topic of collusive bidding practices in the highway construction industry (sub-headings: the bidding process; bid rigging; civil RICO implications; other collusive bidding practices; and federally assisted highway projects). Other topics examined include: billing and performance fraud in highway contracts; State RICO statutes; and Federal civil enforcement powers. An appendix lists State RICO Laws.

Supplemental Notes:

Page range: 1440-N1 through 1440-N51.

Report/Paper Numbers:

Addendum 5

Corporate Authors:

Transportation Research Board

500 Fifth Street, NW
Washington, DC 20001 United States

Authors:

Brickey, K F

Pagination:

51 p.

Publication Date:

1991-11

Serial:

Selected Studies in Highway Law

Volume: 3
Publisher: Transportation Research Board

Features:

Appendices (1)

Uncontrolled Terms:

Jurisdiction; Violations

Old TRIS Terms:

Subject Areas:

Administration and Management; Construction; Finance; Highways; Law; Security and Emergencies; I10: Economics and Administration

Files:

TRIS, TRB

Created Date:

Apr 30 1992 12:00AM

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