King

MEMORANDUM OF DECISION

This is a private treble damage action brought under the Organized Crime Control Act of 1970, 18 U.S.C. § 1961 et seq. (Supp.1972). Such actions are designed to supplement prosecutions by the Department of Justice to combat attempts by organized crime to take over legitimate businesses. That private treble damage actions can materially assist in law enforcement has already been amply demonstrated in the antitrust field. As Mr. Justice Black said in Perma Life Mufflers v. Int’l Parts Corp., 392 U.S. 134, 139 , 88 S.Ct. 1981, 1984 , 20 L.Ed.2d 982 (1968):

Although the first amended complaint is hardly a model of the simple, concise and direct pleading contemplated by Rule 8(e) (1) of the Federal Rules of Civil Procedure, its main thrust appears to be that defendants conspired to utilize income derived from “a pattern of racketeering activities” in order to invest in and to assert control over plaintiffs’ enterprises in violation of 18 U.S.C. § 1962 (Supp.1972). As a result, plaintiffs claim to have been forced to sell certain assets for less than fair market value and seek, after trebling, an amount in excess of a billion dollars, a return to plaintiffs of…