Articles Posted in RICO

Often, RICO cases fail due to very specific pleading errors. A RICO plaintiff may fail to meet the law’s requirements for pleading continuity, for pleading a valid RICO enterprise, for pleading underlying fraud claims with particularity, or for pleading an injury that qualifies under the law as “domestic,” not foreign. Whether you are pursuing a…

A recent RICO claim in federal court, tossed following a motion to dismiss, contains some useful lessons for both plaintiffs and defendants. For potential plaintiffs, it is important to understand that not every wrong that involved a collective of people acting in concert is a civil RICO violation, and if what harmed you was a…

When you’re confronted by a complaint alleging civil RICO violations, it’s reasonable to be trepidatious. After all, a plaintiff’s success in a RICO case has the potential to trigger triple damages. Take heart, though, as there are also numerous opportunities for you to defeat that RICO claim before it even gets to trial. Whether it’s…

Being served with a lawsuit is stressful for any business owner. Being served with a civil Racketeer Influence and Corrupt Organization (RICO) Act lawsuit — with its ominous-sounding title and the risk of possibly owing triple damages(!) — can be eminently more stress-inducing. Before having a panic attack, however, keep in mind that many civil…

Non-lawyers often associate the Racketeer Influenced and Corrupt Organizations (RICO) Act with mobsters and gangs. RICO’s reach spans far beyond that, though. The statute allows for civil actions, making a federal RICO claim a potentially powerful weapon in a business dispute. Pleading requirements for federal civil RICO are complex, however, creating many traps for the…

A recent federal appellate decision could amount to something very important to businesses that may need to pursue, or defendant against, a Racketeer Influenced and Corrupt Organizations (RICO) Act claim. The ruling potentially represents a broadening of what kind of causal linkage is direct enough to meet the causation requirement of a RICO claim, which…

If you follow enough civil RICO cases, you’ll notice that many plaintiffs’ RICO claims lack merit, sometimes obviously so. Of course, even when the RICO claim that a plaintiff has aimed at your business is one of those claims long on bluster and short on merit, they are still potentially harmful to you and your…

Civil RICO cases are a very special kind of civil lawsuit. More than a lot of other kinds of civil lawsuits (like, say, an auto accident case,) RICO cases involve numerous technical statutory pleading requirements, any one of which can be fatal to the plaintiffs’ case if not met to the precision required by the…

If you operate a business long enough, you’re almost certain to be sued at some point. Sometimes, those civil suits may present scary and intimidating causes of action, such as accusing you and your business of engaging in racketeering activity. While they may seem unnerving to you, they are often, in the eye of an…

If you have a business in Georgia, you have likely been sued or eventually will be sued. If you receive a complaint that alleges that you violated racketeer influenced and corrupt organizations (RICO) laws, it may be easy to say… that is completely ridiculous! Indeed, it may well be. However, even if you fervently believe…