Notre Dame Law School NDLScholarship Journal Articles Publications 1982 RICO Civil Fraud Action in Context: Reflections on Bennett .v Berg G. Robert Blakey Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Civil Law Commons, and the Criminal Law Commons Recommended Citation G. R. Blakey, RICO Civil Fraud Action in Context: Reflections on Bennett .v Berg, 58 Notre Dame L. Rev. 237 (1982-1983). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/170 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. The RICO Civil Fraud Action in Context: Reflections on Bennett v. Berg G. Robert Blakev* I. Introduction /Tjhe ofle of all theJudges is always to make such. construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasionsfor continuationof the mischief,.. and to addforce andlife to the cure and remedy, according to the true intent of the makers of the Act pro bono publico. Hdon's Case, 76 Eng. Rep. 637, 638 (Ex. 1584). In Bennett v. Berg,' the United States Court of Appeals for the Eighth Circuit, as a matter of "first impression in the Circuit Courts of Appeals," 2 faced and resolved a number of significant issues in the construction of Title IX, the Racketeer Influenced and Corrupt Or- ganizations (hereinafter "RICO") provisions of the Organized Crime Control Act of 1970.