Criminal prosecution of drug traffickers under the continuing criminal enterprise statute in federal courts of the United States of America*

• Autores: William J. Corcoran, MARTIN C. Carlson
• Localización: Boletín de estupefacientes, ISSN 0251-7086, Nº. 2, 1983, págs. 77-94
• Idioma: inglés
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• Resumen

  • The continuing criminal enterprise statute, 21 United States Code 848, which was enacted in 1970 to deal, inter alia, with suppression of illicit traffic in drugs, contains a mandatory minimum sentencing provision of not less than 10 years and up to life imprisonment following conviction. It also contains a provision to seek forfeiture of the profits obtained by the defendant from the criminal enterprise. When drug-trafficking organizations move their finances abroad, it becomes difficult to identify assets in order to seek forfeiture. Therefore, the successful prosecution of major drug traffickers, under this statute, requires the cooperation of the institutions concerned and of courts in other countries in order to obtain the necessary evidence. Such co-operation is facilitated by a bilateral mutual Judicial assistance treaty, when it exists.