THE Private Sector Organisation of Jamaica (PSOJ) is urging the Government to employ an anti-gang legislation similar to the United States’ Racketeering Influenced and Corrupt Organisation Act (RICO), which it believes would be very effective in “discouraging and punishing” membership in gangs.

In a position paper on crime and violence, the PSOJ said that a RICO-type legislation would hold all members of a gang liable for the group’s illegal acts, whether the member knew of them or not. This would especially be more effective than the current proposal put forward by the Ministry of National Security which “mainly threatens or punishes” the gang member for illegal acts that the member knew about or participated in, said the PSOJ, arguing that the Government’s crime proposal could be “an ineffective half-measure”.

“Where this is so important under this (RICO) legislation is that everybody in the gang is equally as guilty as everybody else,” said PSOJ Standing Committee on National Security member, Peter John Thwaites.

Thwaites and members of the PSOJ Standing Committee on National Security were guests at yesterday’s Monday Exchange meeting of Observer reporters and editors.

Chairman of the PSOJ committee, Lt Commander George Overton, said RICO is something that is very necessary because organised crime is “big business” in Jamaica.

“Unless we have legislation that goes against the racketeering and so on, we will only be barking up the wrong tree and it is very important that we go forward like that,” said Overton.

Among other countries that have adopted RICO-type legislation, the PSOJ said, are Australia, New Zealand and Canada.

The PSOJ members were also critical of the implementation of the Proceeds Of Crime Act (POCA), which they argue is not working. The POCA, effective since May 30, 2007, is aimed at dismantling organised crime through the concept of forfeiture. Also, benefits acquired by drug and arms dealers and other threats to law and order are liable to be confiscated under the legislation.

“When you do catch (criminals) and you want to enforce the seizure of the assets, it’s not working well,” said Thwaites.

Added Overton: “If we look at some of the issues of the past and look at accumulation of wealth through organised crime, extortion or otherwise, where is the Income Tax Department?… If I don’t file my returns by March 15th, I’m getting all kinds of letters. What about these guys that have bought 15 to 20 pieces of real estate, own 20 cars and are not even on the tax roll? Where are we going with those things?”

In his New Year’s message, Police Commissioner Owen Ellington vowed to make more use of the POCA in the push against organised crime, saying that the constabulary would open a POCA file on every person arrested and charged with a serious gang or drug-related crime.