Js. Colesanti, The Private Securities Litigation Reform Act of 1995: Did the "rushed debate" really spell the end of securities claims and RICO?, SECUR R LAW, 26(2), 1998, pp. 139-161
The Private Securities Litigation Reform Act of 1995 amended the Securities
Act of 1933 and the Securities Exchange Act of 1934 in hopes of decreasing
the number of class action lawsuits by enhancing procedural requirements t
o be met by private plaintiffs. The "RICO Amendment" removed securities fra
ud as a predicate act for civil RICO liability. In this article, the author
argues that the Congress' poor drafting and "rushed debate" of the Amendme
nt essentially enabled the courts to circumvent Congress' clear attempt to
reform RICO.