NCJ Number
160145
Date Published
1992
Length
63 pages
Annotation
This monograph presents an abridged view of current interpretations of the Federal RICO statute and how these interpretations might affect a governmental civil prosecutor at various stages in a case.
Abstract
The monograph first outlines the issues that must be considered in deciding whether or not to bring a civil suit under RICO provisions. Following guidelines for framing the complaint, the monograph suggests how to identify compatible theories available under other statutes even when RICO predicates are not available. Other statutes that can furnish independent causes of action that "mesh" effectively with RICO include securities, bank, tax department, and real estate statutes, as well as consumer fraud statutes. The next section provides guidance for identifying a pattern of "continuing criminal acts." Two sections of the monograph discuss interpretations of the association-in- fact enterprise and other elements of enterprise pleading. In discussing proximate-causation concerns, the monograph advises that if the predicate acts are a substantial factor in the sequence of causation, and if the injury is reasonably foreseeable or naturally anticipated, then the test is satisfied. Factors considered include other intervening causes or injuries. Other issues discussed are conspiracy under RICO, general advice regarding draftsmanship, the rule 12 motion to dismiss, discovery, summary judgment, probable cause and specific intent, parallel proceedings, and damages. Appended supplementary material