2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations

- Organized Crime Prevention Council, T. 35, C. 7.

- For article, "Georgia Racketeer Influenced & Corrupt Organizations Act," see 20 Ga. St. B.J. 34 (1983). For article, "Private RICO Litigation Based Upon Fraud in the Sale of Securities," see 18 Ga. L. Rev. 43 (1983). For article, "The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?," see 24 Ga. St. B.J. 186 (1988). For article, "Georgia's Baby RICO Comes of Age," see 25 Ga. St. B.J. 153 (1989). For article on the Traps of Federal and Georgia RICO, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020). For comment, "The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.," see 7 Ga. St. U.L. Rev. 111 (1990).

JUDICIAL DECISIONS

Sufficient showing of predicate facts.

- Testimony by defendant's cousin that the cousin saw defendant deliver packages to defendant's mother on several occasions corroborated defendant's mother's testimony that defendant supplied cocaine for sale by family members and was sufficient to sustain defendant's conviction under the Georgia Racketeer Influenced and Corrupt Organization Act, O.C.G.A. § 16-14-1 et seq. McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431 (2002), cert. denied, 537 U.S. 1058, 123 S. Ct. 633, 154 L. Ed. 2d 539 (2002).

- Predicate acts alleged by plaintiffs were so vaguely and ambiguously recited as to fail to demonstrate even a factual relationship to one another, much less a threat of continuing activity. The plaintiff failed to satisfy the pattern-of-activity element by failing to allege facts sufficient to fulfill the "continuity plus relationship" requirement between the predicate acts pleaded in the complaint. Mills v. Fitzgerald, 668 F. Supp. 1554 (N.D. Ga. 1987).

Defendant, county school superintendent, correctly argued that trial court erred in denying defendant's motion for directed verdict as to two predicate acts of theft by taking committed by defendant's two assistants because insufficient evidence was presented from which the jury could find defendant guilty of these two acts. Purvis v. State, 208 Ga. App. 653, 433 S.E.2d 58 (1993).

Cited in Western Bus. Sys. v. Slaton, 492 F. Supp. 513 (N.D. Ga. 1980); Western Bus. Sys. v. Slaton, 502 F. Supp. 746 (N.D. Ga. 1980); Stamps v. Ford Motor Co., 650 F. Supp. 390 (N.D. Ga. 1986); Dover v. State, 195 Ga. App. 507, 393 S.E.2d 760 (1990); Moore v. Barge, 210 Ga. App. 552, 436 S.E.2d 746 (1993); Marshall v. City of Atlanta, 195 Bankr. 156 (N.D. Ga. 1996).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31A Am. Jur. 2d, Extortion, Blackmail and Threats, § 104 et seq.

"Pattern of Racketeering Activity" Under the Racketeer Influenced and Corrupt Organizations Act (RICO), 10 POF3d 289.

- 15 C.J.S., Commerce, §§ 160 et seq., 173.

- Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 A.L.R.4th 654.

Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 A.L.R. Fed. 881.

Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 A.L.R. Fed. 667.

Construction and application of § 2J1.3 of United States sentencing guidelines (18 USCS Appx 1.3 § 2J), pertaining to sentencing for perjury, subornation of perjury, witness bribery, and departures therefrom, 131 A.L.R. Fed. 269.

Extraterritorial Application of Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.A. §§ 1961 et seq., 20 A.L.R. Fed. 3d 2.