Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

PDF

Fordham Law School

Journal

1985

Civil RICO

Articles 1 - 1 of 1

Full-Text Articles in Law

Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane Jan 1985

Civil Rico: A Call For A Uniform Statute Of Limitations, Michael J. Lane

Fordham Urban Law Journal

RICO is a statute, originally developed to thwart organized crime. When read broadly, the statute, however, has been applied to non-organized crime activities. Thus, courts have now started applying four substantive requirements for use of the RICO statute: (1) requiring that the plaintiff must allege that the defendant has connection to organized crime, (2) limiting standing to a particular type of injury, (3) requiring the plaintiff to allege an enterprise distinct from the pattern of racketeering or from the defendant, and (4) permitting only civil RICO claims in instances where the defendant has been previously convicted of the predicate acts …