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

Abstract

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

Suggested Citation

Johnson, James A., Civil Rico: A Tool of Advocacy (January 7, 2013). NYSBA Torts, Insurance & Compensation Law Section Journal Vol 41 no. 2, January 2013. Available at SSRN: https://ssrn.com/abstract=2297846

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