Civil RICO (Racketeer Influenced and Corrupt Organizations Act) is a law that provides a civil remedy for individuals and businesses that have been victims of certain types of fraud involving interstate commerce. It is designed to provide a way for victims of criminal and fraudulent activity to obtain compensation from those responsible. It is commonly used to pursue cases of fraud, money laundering, and other white-collar crimes. Civil RICO is a federal law that allows private citizens, corporations, and state attorneys general to sue for damages caused by individuals or organizations that have violated the RICO Act. The law provides for treble damages, meaning that a plaintiff can recover up to three times the amount of their actual damages. It also allows for the recovery of attorney’s fees and costs incurred in bringing a successful case. There are two types of civil RICO cases: private civil RICO and public civil RICO. Private civil RICO cases involve individuals or businesses filing a lawsuit on their own behalf against a person or company that has violated the RICO Act. Public civil RICO cases involve the government bringing a civil action on behalf of its citizens against someone or an organization that has violated the RICO Act.
Civil RICO
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FAQ
Civil proceedings under the Federal Racketeer Influenced and Corrupt Organizations (RICO) Act are criminal rather than civil in nature and should use criminal procedural protections. RICO currently provides both civil and criminal sanctions.
Beating a RICO charge is tough, but it isn't impossible. If you or your organization is under investigation for RICO charges, you don't just need any lawyer, you need a federal criminal defense lawyer who isn't afraid to go to trial in a federal court.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
The penalties for a conviction under the RICO Act can be as harsh as 20 years in federal prison. RICO penalties can also include civil penalties along with the seizure of assets by the federal government.
Civil RICO allows litigants ? victims ? to sue for what are essentially criminal violations. If a bank uses extortion, for example, to force you to provide more collateral or turn over assets for which it is not entitled, there may be a RICO violation. There are dozens of criminal violations that are included in RICO.
There are many forms of racketeering that fall under the RICO statute, including bank fraud, wire fraud, kidnapping, bribery, extortion, contract murder-for-hire (aka, a Hitman), loansharking, drug trafficking, arson, arson for-hire (for intimidation, insurance fraud, etc.) and embezzlement.
A conviction under RICO has serious consequences. Not only does the RICO statute provide for criminal penalties including 20 years of prison, but the financial penalties are severe. A person convicted can face a fine of either $250,000 or double the amount of proceeds earned from illicit activity.
The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment.
