Under federal statutes, such as the Racketeer Influenced and Corruption Organizations Act (RICO) and the state versions of RICO, it is unlawful to obtain a business benefit by means of a threat of economic or physical loss to another or to use racketeering methods to acquire an interest in a legitimate business. A person injured as a result of a RICO violation can recover treble damages and reasonable attorneys' fees. In order to prove a RICO violation, the person must be able to show that he or she was injured by a person associated with an enterprise that has been engaging in a pattern of racketeering, which consists of at least two predicate acts during a ten-year period. The list of predicate acts includes such crimes as any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance, mail fraud, relating to tampering with a witness or victim, and securities fraud.
Legal malpractice is the failure of an attorney to follow the accepted standards of practice of his or her profession, resulting in harm to the client. Usually, proof of failure to comply with accepted standards of legal practice requires the testimony of someone with expertise in law practice. Some states have special evidentiary rules applicable to malpractice claims.
A civil conspiracy is a combination of two or more persons who engage in a concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose by unlawful means, to the injury of another. The essence of the crime of conspiracy is the agreement. The essence of civil conspiracy is damages, i.e., actionable damage committed in furtherance of a conspiracy or resulting from it. Title 42 U.S.C. ?§ 1985 pertains to a conspiracy to interfere with civil rights, (1) to prevent an officer from performing a duty; (2) obstructing justice; intimidating party, witness, or juror; (3) or depriving persons of rights or privileges.
RICO Charges Definition: RICO, which stands for Racketeer Influenced and Corrupt Organizations Act, is a federal law enacted in 1970 to combat organized crime and criminal enterprises. RICO charges are filed against individuals or organizations involved in a pattern of racketeering activities, typically associated with organized crime syndicates. The law focuses on dismantling ongoing criminal enterprises rather than individual criminal acts. RICO charges can be levied against any person or entity engaged in a variety of crimes, such as drug trafficking, money laundering, bribery, embezzlement, fraud, illegal gambling, counterfeiting, and murder. The law allows prosecutors to target both the leaders and lower-level participants of criminal organizations. To be charged under RICO, the government must prove the existence of an ongoing enterprise or organization, consisting of at least two individuals, collaborating through a pattern of racketeering activities. These activities typically involve committing multiple criminal acts within ten years, with each act connected by a "common purpose" or "scheme" to achieve financial gain. RICO charges can result in severe penalties, including substantial fines, forfeiture of assets, and lengthy imprisonment. If convicted, individuals can face up to 20 years in prison per count, while organizations can be fined up to twice the amount obtained through their criminal activities. There are different types of RICO charges, each targeting specific aspects of organized crime: 1. RICO Conspiracy: This charge involves conspiring to violate the RICO Act by planning and agreeing to participate in racketeering activities as part of a criminal organization. 2. RICO Enterprise Corruption: This charge addresses corrupt enterprises engaged in systematic criminal activities, such as drug trafficking or money laundering, which substantially affect trade or commerce. 3. RICO Racketeering: This charge targets the actual commission of racketeering activities within an ongoing criminal enterprise, proving a pattern of criminal behavior as stipulated by the RICO Act. It is important to note that RICO charges can involve complex legal proceedings, requiring skilled defense attorneys experienced in federal law and organized crime cases.
