The New York CV-1991-22 RICO (Case Statement), Jan. 22, 1991.pdf is a document that outlines the claims of a civil lawsuit brought against an individual under the Racketeer Influenced and Corrupt Organizations (RICO) Act. The document states that the plaintiff, the People of the State of New York, is suing the defendant for knowingly engaging in a pattern of criminal activity, including money laundering, mail and wire fraud, and bribery. The document also lists the various charges that the defendant is facing, as well as the penalties that they may face if found guilty. The New York CV-1991-22 RICO (Case Statement) is an important document for anyone facing a RICO charge, as it outlines the charges and penalties associated with the case.
New York CV-1991-22 RICO (Case Statement), Jan. 22, 1991.pdf
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CV-1991-22 RICO (Case Statement), Jan. 22, 1991.pdf
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Civil RICO allows litigants ? victims ? to sue for what are essentially criminal violations. If a bank uses extortion, for example, to force you to provide more collateral or turn over assets for which it is not entitled, there may be a RICO violation. There are dozens of criminal violations that are included in RICO.
Along with its far-reaching criminal provisions, Congress also created a private right of action. RICO's civil provision allows ?any person? injured in his or her business or person by reason of a RICO violation to sue for treble damages and to recover attorney fees. 18 U.S.C. § 1964(c).
Criminal RICO To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list.
RICO is a federal statute short for the Racketeering Influenced and Corrupt Organizations. It's part of the Organized Crime Control Act of 1970. Before RICO, only the individual members of crime organizations who committed illegal could be arrested, indicted, and convicted.
The statutory language of the Racketeer Influenced and Corrupt Organization (RICO) Act holds that ?any person? can be held legally liable for damages caused by unlawful racketeering activity. The law defines any person in a very broad manner. It is not merely restricted to individuals.
RICO was enacted in 1970 to combat organized crime. But RICO has a civil component as well that provides plaintiffs with a private right of action to sue for injuries to their business or property.
Different Legal Standards: In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In contrast, civil RICO lawsuits are governed by the less burdensome preponderance of evidence standard. Recovery of Civil Damages: If successful in a civil RICO suit, a plaintiff can recover treble damages.
A civil RICO claim provides for a lesser burden of proof than in criminal proceedings. The burden of proof in a civil RICO case is satisfied by a preponderance of the evidence. In order for a civil claimant to prevail, the jury must find that it is more likely than not that the racketeering activities did occur.