The Private Securities Litigation Reform Act of 1995: Did the "rushed debate" really spell the end of securities claims and RICO?

Authors
Citation
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
Citations number
13
Categorie Soggetti
Law
Journal title
SECURITIES REGULATION LAW JOURNAL
ISSN journal
00979554 → ACNP
Volume
26
Issue
2
Year of publication
1998
Pages
139 - 161
Database
ISI
SICI code
0097-9554(199822)26:2<139:TPSLRA>2.0.ZU;2-0
Abstract
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.