Civil RICO (Racketeer Influenced and Corrupt Organizations Act) Applications in the Highway Construction Industry

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report is a new paper which continues NCHRP's policy of keeping departments up to date on laws that will affect their operations. While it may seem unusual for NCHRP to do a research project on what is primarily criminal law, the reader will learn it is relevant to highway operations because it can be used to prosecute bid rigging, contract performance, and billing abuses under a highway construction contract. Further, while it is primarily a criminal statute, it does have a civil cause of action that authorizes recovery of treble damages, the cost of suit, and reasonable attorney fees. This paper will be published in a future addendum to Selected Studies in Highway Law. The contents are as follows: Introduction; What Civil RICO Is All About; Collusive Bidding Practices in the Highway Construction Industry; Billing and Performance Fraud in Highway Contracts; State RICO Statutes; Federal Civil Enforcement Powers; Conclusion; Appendix A - Table of State RICO Laws.