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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).

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