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.
Wisconsin Complaint for Class Action For Wrongful Conduct - RICO - by Insurers
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FAQ
Civil RICO is a Federal law and RICO is an acronym of that Federal law, standing for Racketeer Influenced and Corrupt Organizations Act. There is also a Federal Criminal Rico statute which is similar in many ways to the federal Civil RICO statute.
It's important to note that the alleged scheme does not have to have been successful for a RICO charge to stick.An "enterprise" can be a single person or a group of associated individuals with a common goal.
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.
RICO predicate offenses Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and many other offenses covered under the Federal criminal code (Title 18);
Some common activities that may result in a civil RICO lawsuit in California include: Violation of state laws against bribery, kidnapping, arson, gambling, and controlled substances. Criminal copyright infringement. Witness tampering and retaliation.
On its face, a RICO charge carries with it the possible maximum of twenty years imprisonment. There is no floor on the possible sentence for a base RICO charge, meaning there is no mandatory minimum.
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. These crimes are known as "predicate" offenses.
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).