What authority does the government have under the RICO Act?

The government has the authority under the RICO Act (Racketeer Influenced and Corrupt Organizations Act) to seize property linked to illegal activity. This civil forfeiture provision is a critical aspect of RICO, allowing the government to take assets derived from illegal enterprises or used in furtherance of racketeering activities. The intention behind this authority is to disrupt criminal organizations by depriving them of the resources that enable their illegal operations.

The RICO Act aims to combat organized crime by holding individuals and organizations accountable for ongoing criminal enterprises. Civil forfeiture under RICO serves as a preventive measure, targeting the financial underpinnings of criminal activities, thereby discouraging future illegal conduct and stripping criminals of their profits.

This legal framework does not operate to legalize prior criminal acts, automate charges against individuals, or broadly authorize surveillance on suspected criminals, as those choices do not align with the specific goals and provisions outlined in the RICO Act.