CIVIL RICO APPLICATIONS IN THE HIGHWAY CONSTRUCTION INDUSTRY

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.

• Availability:
  • Find a library where document is available. Order URL: http://www.trb.org/Main/Public/Blurbs/154608.aspx
• Supplemental Notes:
  • Page range: 1440-N1 through 1440-N51.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Brickey, K F
• Publication Date: 1991-11

Media Info

• Features: Appendices;
• Pagination: 51 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 3
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Arbitration; Bid rigging; Bids; Billing; Competitive bidding; Construction industry; Contractors; Corruption; Crimes; Federal aid highways; Federal government; Fraud; Governments; Law enforcement; Laws; Litigation; Road construction; States
• Uncontrolled Terms: Jurisdiction; Violations
• Old TRIS Terms: Civil suits; Collusion
• Subject Areas: Administration and Management; Construction; Finance; Highways; Law; Security and Emergencies; I10: Economics and Administration;

Filing Info

• Accession Number: 00621557
• Record Type: Publication
• Report/Paper Numbers: Addendum 5
• Files: TRIS, TRB
• Created Date: Apr 30 1992 12:00AM