Civil Rico: A Tool of Advocacy
NYSBA Torts, Insurance & Compensation Law Section Journal Vol 41 no. 2, January 2013
4 Pages Posted: 24 Jul 2013
Date Written: January 7, 2013
This article sets out Civil RICO as a tool of advocacy because of the broad and liberal construction of the statute. Title 18 U.S.C. Section 1964(c) is a civil statute that provides a cause of action to any person who has been injured in his business or property by reason of a violation of Section 1962. The burden of proof is by a preponderance of the evidence with a criminal mens rea.
Where the plaintiff can establish a pattern of racketeering activity by an enterprise with specificity together with damages to his business or property the court is required to treble the damage award.
Civil RICO is a powerful tool of advocacy that can be used by the plaintiff or as a counterclaim by the defendant.
Keywords: RICO, White Collar Crime, Treble Damages, Trial Practice, Litigation
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