South Carolina Complaint in Federal Court for Conspiracy to Interfere with the Civil Rights of Plaintiff, RICO, and Legal Malpractice

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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.

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  • Preview Complaint in Federal Court for Conspiracy to Interfere with the Civil Rights of Plaintiff, RICO, and Legal Malpractice
  • Preview Complaint in Federal Court for Conspiracy to Interfere with the Civil Rights of Plaintiff, RICO, and Legal Malpractice
  • Preview Complaint in Federal Court for Conspiracy to Interfere with the Civil Rights of Plaintiff, RICO, and Legal Malpractice

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FAQ

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.

There are 35 specific crimes included in the RICO Act. Gambling. Murder. Kidnapping. Extortion. Arson. Robbery. Bribery. Dealing in obscene matter.

If a hearing date is advanced and vacated, a matter that is scheduled on a future date is called on an earlier date by the court, heard or not heard (generally the matter is disposed of in some fashion) and the future scheduled hearing date is vacated.

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.

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.

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).

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.

The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.

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South Carolina Complaint in Federal Court for Conspiracy to Interfere with the Civil Rights of Plaintiff, RICO, and Legal Malpractice