This form is a Class Action Complaint. Plaintiffs seek damages and injunctive relief from defendants for liability under the Racketeer Influenced and Corrupt Organizations Act(RICO). Plaintiffs contend that the defendants' actions justify an award of substantial punitive damages against each.
Puerto Rico Complaint for Class Action For Wrongful Conduct - RICO - by Insurers
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There are 35 specific crimes included in the RICO Act. Gambling. Murder. Kidnapping. Extortion. Arson. Robbery. Bribery. Dealing in obscene matter.
Background: The Racketeer Influenced and Corrupt Organizations Act (RICO) provides a private right of action that authorizes ?[a]ny person injured in his business or property by reason of? a substantive RICO violation to sue for treble damages. 18 U.S.C. § 1964(c).
RICO is a criminal statute that also includes a civil element. An individual, business, or organization defrauded due to racketeering activity can file a civil RICO lawsuit against the responsible party.
Civil suits RICO also permits a private individual "damaged in his business or property" by a "racketeer" to file a civil suit. The plaintiff must prove the existence of an "enterprise." The defendant(s) are not the enterprise; in other words, the defendant(s) and the enterprise are not one and the same.
This is because under the RICO Act, indirect purchasers cannot sue upstream sellers. This is called the indirect-purchaser rule, it arises from Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), and it can be used by defendants to foreclose a plaintiffs' RICO claims.
As civil RICO statutes allow for the recovery of treble damages, a plaintiff who brings a successful civil RICO claim may be entitled to obtain financial relief valued at three times the actual damage they sustained due to the defendant's racketeering related activities.
Criminal RICO 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.