Protecting Securities Professionals From the Emerging RICO (Racketeer and Corrupt Organizations Act) Threat (From RICO - Expanding Uses in Civil Litigation, P 177-209, 1984, Arthur F Mathews, ed. - See NCJ-95991)

• NCJ Number: 96391
• Author(s): D L McLean; J K Wright
• Date Published: 1984
• Length: 33 pages
• Sale Source: Harcourt Brace Jovanovich
• Language: English
• Country: United States of America

Annotation

The growing impact of the Racketeer Influenced and Corrupt Organizations Act (RICO) on the liability of professionals whose services are an important part of the Nation's business and investment activities, including lawyers, bankers, and certified public accountants, is discussed.

Abstract

Several elements in the definition of RICO violations that should inhibit the transformation of securities or common law fraud suits into RICO suits are considered. In addition, the stringency of pleading rules that are applicable whenever fraud is alleged is examined, and the use of those requirements in the RICO context is explored. Application of Federal Rule of Civil Procedure 9 (b), requiring that fraud be pleaded 'with particularity,' furnishes a safeguard with respect to fraud claims presented as RICO complaints. This Rule not only provides a defendant fair notice of what is charged, but it also protects defendants from injury to reputation and good will caused by unwarranted allegations of fraud. In cases involving financial statements, Rule 9 (b) requires classification of the specific items in the financial statements that are allegedly false, as well as the amount of inaccuracy. Additionally, a proper complaint must plead alleged facts that 'give rise to an inference' that the defendant knew of the falsehood and intended to defraud. Finally, the type of injury that should be required before a suit alleging a RICO violation may be maintained is considered. Approximately 40 references are included.