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24 Am. Crim. L. Rev. 125 (1986-1987)
The Travel Act (18 U.S.C. Sec. 1952): Prosecution of Interstate Acts in Aid of Racketeering

handle is hein.journals/amcrimlr24 and id is 133 raw text is: THE TRAVEL ACT (18 U.S.C. § 1952): PROSECUTION OF INTERSTATE ACTS IN AID OF RACKETEERING Barry Breen* 1. INTRODUCTION The Travel Act, 18 U.S.C. § 1952 (1982),' is a comparatively short criminal provision, but one with unusually wide applicability in federal criminal prose- cutions.2 Though only a few paragraphs in length, it is nevertheless a mainstay of federal prosecutors. The Travel Act has been employed in such diverse pros- ecutions as organized crime infiltration of legitimate business,3 smuggling and distribution of cocaine,4 misconduct of state and federal elected officials,, illegal drug and prostitution activities of motorcycle gangs,6 and even attempts to establish * Mr. Breen was formally a trial attorney in the Organized Crime and Racketeering Section of the U.S. Department of Justice. He is presently Editor-in-Chief of the Environmental Law Reporter, published by the Environmental Law Institute. The views expressed in this Article are those of the author and do not necessarily represent the views of the Department of Justice, the Environmental Law Institute, or any other agency or organization. I. Pub. L. No. 87-228 § 1(a), 75 Stat. 498 (1961). 2. In its entirety, the Travel Act provides: (a) Whoever travels in interstate or foreign commerce or uses any facility in interstate commerce, including the mail, with intent to- (I) distribute the proceeds of any unlawful activity; or (2) commit any crime of violence to further any unlawful activity; or (3) otherwise promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any unlawful activity, and thereafter performs or attempts to perform any of the acts specified in subparagraphs (I), (2), and (3), shall be fined not more than $10,000 or imprisoned for not more than five years, or both. (b) As used in this section unlawful activity means (I) any business enterprise involving gambling, liquor on which the Federal excise tax has not been paid, narcotics or controlled substances (as defined in section 102(6) of the Controlled Substances Act), or prostitution offenses in violation of the laws of the State in which they are committed or of the United States, or (2) extortion, bribery, or arson in violation of the laws of the State in which committed or of the United States. (c) Investigations of violations under this section involving liquor shall be conducted under the supervision of the Secretary of the Treasury. 18 U.S.C. § 1952 (1982). 3. See, e.g., United States v. DeLuna, 763 F.2d 897 (8th Cir.) (convictions obtained under Travel Act for casino skimming conspiracy in violation of Nevada state licensure laws), cert. denied, 106 S. Ct. 382 (1985), appeal pending. 4. E.g., United States v. McLernon, 746 F.2d 1098 (6th Cir. 1984); United States v. Krevsky, 741 F.2d 1090 (8th Cir. 1984). 5. See United States v. Hall, 536 F.2d 313 (10th Cir.) (bribery of state governor), cert. denied, 429 U.S. 919 (1976); United States v. Isaacs, 493 F.2d 1124 (7th Cir.) (same), cert. denied, 417 U.S. 976-77 (1974); United States v. Williams, 529 F. Supp. 1085 (E.D.N.Y. 1981) (bribery of United States Senator). 6. See, e.g., United States v. Harrell, 737 F.2d 971 (11th Cir. 1984) (possession with intent to distribute cocaine), cert. denied, 105 S. Ct. 923 (1985); United States v. Cole, 704 F.2d 554 (11th Cir. 1983) (interstate prostitution).

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