NCJ Number
125281
Date Published
1989
Length
32 pages
Annotation
This volume reviews the content and caselaw of the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO), with an emphasis on the application of civil RICO in commercial disputes.
Abstract
The guide is organized around the key statutory concepts of RICO and emphasizes the two problem areas of "racketeering pattern" and the nexus between pattern and the "enterprise" requirement. The introduction outlines the steps in the legal research on a civil RICO case and reviews the increase in the number of civil RICO actions. Part I of the guide details legal research sources and provides tips and shortcuts for their use. Part II breaks down the civil RICO cause of action into its component parts and presents the relevant caselaw. The caselaw is taken mostly from Federal circuit court decisions. The guide concludes that civil RICO caselaw is rapidly developing, and the U.S. Supreme Court has not clearly spoken on all the issues; the Federal circuits are divided on issues. To stay abreast of developments, the guide recommends that attorneys use the Commerce Clearing House "RICO Business Disputes Guide."