Civil RICO Misread: The Judicial Repeal of the 1988 Amendments to the Foreign Corrupt Practices Act

This Note argues that civil RICO should not provide a remedy for a party claiming injury due to the commercial bribery of a foreign official. Part I discusses the purposes and the legislative history of the FCPA and RICO. Part II analyzes cases that apply RICO to FCPA violations. Part III illustrates that applying civil RICO to FCPA violations frustrates congressional intent in enacting and amending both the FCPA and RICO.

This Note concludes that under proper statutory construction, civil RICO's provisions do not apply to the act of bribing a foreign official.