NCJ Number
102067
Journal
Review of Litigation Volume: 3 Issue: 2 Dated: (Spring 1983) Pages: 223-263
Date Published
1983
Length
41 pages
Annotation
This article discusses the types of civil litigation which can be brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act, elements necessary to prove a cause of action under RICO, and RICO advantages for the civil litigant.
Abstract
Civil litigation under RICO can usually be brought in the following general case classes: securities fraud, bankruptcy fraud, commercial bribery, and frauds that violate RICO mail and wire fraud provisions. Proof of a cause of action under RICO must show the defendant has, through a pattern of racketeering activity or collection of an unlawful debt, directly or indirectly invested, maintained an interest, participated in operations, or conspired to do the aforementioned in an enterprise that affects interstate or foreign commerce. One advantage of civil litigation under RICO is additional remedies, including treble damages, court costs, attorney's fees, and equitable relief in the form of divestiture and permanent injunctions. Other advantages are the choice of a Federal forum, broader venue provisions, potentially nationwide service of process, and more liberal discovery and evidentiary rules. 278 footnotes.