These are some of the common issues involved in the prosecution of a civil RICO claim and how experienced and knowledgeable lawyers should handle them.

What is a civil RICO claim?

RICO stands for Racketeer Influenced and Corrupt Organizations Act and RICO is a US law that was originally meant to stop the Mafia or other crime organizations. Nowadays private citizens can file a claim in federal court against a corporation, business, private person, or political group, if they have violated RICO.

1. In order to prove a civil RICO claim, a plaintiff must show that the defendant violated the civil RICO statute and as a result of that violation, they caused the plaintiff damages. The plaintiff’s attorney must show that the defendant engaged in on-going racketeering. A pattern of on-going racketeering is two or more prohibited acts that occur within ten-years of each other.
2. An experienced attorney will know how to widen the scope for discovery. In order to obtain the widest possible scope for discovery, it’s important to file the civil RICO claim at the same time as the criminal RICO claim.
3. Utilizing expert witnesses is key to succeeding in a civil RICO claim. Civil RICO claims often revolve around fraud, so bringing in expert witnesses in the appropriate fields is essential to proving a claim.
4. Will the statute of limitations prevent a plaintiff from filing a claim? The four-year statute of limitations begins after a plaintiff discovers their injuries, not from the date the fraud that caused the injuries was discovered.

Proving a civil RICO claim can be challenging. Finding an experienced and knowledgeable attorney to assist is the first step a party should take when considering filing a civil RICO claim.

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