Civil RICO 2019
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THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding claims brought under 18 U.S. Code § 1964 of the Racketeer Influenced and Corrupt Organizations Act.
RICO "creates a private civil cause of action that allows '[a]ny person injured in his business or property by reason of a violation of section 1962 to sue in federal district court...." A successful plaintiff may "recover threefold the damages...."
RICO is implicated when defendants have engaged in a "pattern of racketeering activity." That pattern consists of certain statutorily defined predicate acts "encompass[ing] dozens of state and federal offenses" "that together demonstrate the existence or threat of continued criminal activity." The statute "sets forth four specific prohibitions aimed at different ways in which a pattern of racketeering activity may be used to infiltrate, control, or operate a[n] enterprise['s]" criminal misconduct. Plaintiffs allege that Defendants violated two of those prohibitions — §§ 1962(c) and (d). Section 1962(c) proscribes participating in the conduct of an interstate enterprise's affairs through a "pattern of racketeering activity," which RICO defines as "at least two acts of racketeering activity." Section 1962(d) makes it unlawful to conspire to violate subsections (a) through (c).
epub
mobi
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding claims brought under 18 U.S. Code § 1964 of the Racketeer Influenced and Corrupt Organizations Act.
RICO "creates a private civil cause of action that allows '[a]ny person injured in his business or property by reason of a violation of section 1962 to sue in federal district court...." A successful plaintiff may "recover threefold the damages...."
RICO is implicated when defendants have engaged in a "pattern of racketeering activity." That pattern consists of certain statutorily defined predicate acts "encompass[ing] dozens of state and federal offenses" "that together demonstrate the existence or threat of continued criminal activity." The statute "sets forth four specific prohibitions aimed at different ways in which a pattern of racketeering activity may be used to infiltrate, control, or operate a[n] enterprise['s]" criminal misconduct. Plaintiffs allege that Defendants violated two of those prohibitions — §§ 1962(c) and (d). Section 1962(c) proscribes participating in the conduct of an interstate enterprise's affairs through a "pattern of racketeering activity," which RICO defines as "at least two acts of racketeering activity." Section 1962(d) makes it unlawful to conspire to violate subsections (a) through (c).
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