NCJ Number
135682
Date Published
1991
Length
610 pages
Annotation
This volume discusses in detail issues related to civil law concerning the Racketeer Influenced and Corrupt Organization (RICO) Act.
Abstract
The first chapter overviews civil RICO language and legislative history and the overlap between civil RICO and the government's RICO remedies. The second chapter discusses jurisdiction and other threshold issues including special venue and process provisions, standard of proof, abstention, labor preemption, survival, arbitrability, and the constitutionality of civil RICO. The section on injury to business or property covers causation, treble damage recovery, cost awards, and attorneys' fee awards. Another section is devoted to an explanation of the RICO enterprise, its nature, the enterprise-defendant distinction requirement, and the proof of conspiracy as defined by section 1962 of the RICO act. Patterns of racketeering activity or collection of an unlawful debt are the subject of another chapter; relevant case law in the various circuit courts is analyzed. Procedural issues in civil RICO legislation cover pleading civil RICO claims, discovery, sanctions for abusing civil litigation, fifth amendment privilege against self-incrimination, and seventh amendment right to a jury trial. "Little Rico" statutes in 29 States are summarized. 1 appendix