Category Archives: RICO claims
Defending Civil RICO Claims: What Is A Civil Investigative Demand (CID)?
The Racketeer Influenced and Corrupt Organizations (RICO) Act allows for both criminal and civil claims. In a criminal RICO case, the state or federal government is in charge of pursuing the claim. In a civil RICO case, the government may or may not be involved in the matter. A private party has the right… Read More »
Federal Judge In Florida Rules For Herbalife In Civil RICO Lawsuit
According to a report from the Winston-Salem Journal, a Florida federal judge has ruled in favor of Herbalife in a civil RICO lawsuit. The dieting and nutrition company, which is based in Los Angeles and employs nearly 10,000 people worldwide, has been fighting a civil RICO claim for nearly four years. While Judge Marcia… Read More »
Who Can Be Named As A Defendant In A Civil RICO Lawsuit?
Through a civil RICO claim, a plaintiff can take action to hold individuals, businesses, and other entities legally liable for damages caused by racketeering activity. Federal and state civil RICO laws offer a powerful remedy—a plaintiff can claim treble damages (three times their actual losses) through a successful lawsuit. However, civil RICO claims are… Read More »
Why So Many Civil RICO Claims Do Not Survive The Pleadings Stage
Through a federal or state civil RICO claim, a plaintiff can hold a business, organization, or other enterprise legally liable for damages caused by racketeering activity. As RICO allows for the recovery of treble damages, it is a strong legal tool for parties who suffered losses due to a pattern of unlawful racketeering activity…. Read More »
What Is Civil RICO Law?
Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that was put into place to allow the government to crack down on racketeering. As explained by the Department of Justice (DOJ), RICO charges can be filed against those who act as part of an “enterprise” and engaged in a “pattern of racketeering… Read More »
Civil RICO Lawsuit Alleges That CNBC Star Marcus Lemonis Destroyed Dozens Of Small Businesses
According to a report from Forbes, Marcus Lemonis—an American businessman and the star of the hit television show “The Profit” on CNBC—is facing a civil RICO lawsuit over allegations that he caused serious damage to dozens of small businesses. Dozens of small businesses have raised complaints about the show, though not all of them… Read More »
Federal Appeals Court: Civil RICO Lawsuit Against Union Preempted By LMRA
According to a report from Reuters, the Ninth Circuit Court of Appeals is sending a civil RICO lawsuit against the International Longshore and Warehouse Union to arbitration. In a 2 to 1 decision, the majority ruled that the civil RICO lawsuit filed by the Columbia Export Terminal LLC is preempted under the Labor Management… Read More »
Filing A Civil RICO Lawsuit: Know The Prima Facie Requirements
Are you considering filing a civil RICO lawsuit in Florida? If so, you will likely need to survive a motion to dismiss. A significant percentage of civil RICO claims are dismissed relatively quickly by state or federal courts due to the plaintiff’s failure to to state a prima facie case. In this blog post,… Read More »
Disbarred Lawyer Found In Contempt Of Court In Long-Standing Civil RICO Claim
According to a report from the ABA Journal, Judge Loretta Preska of the United States District Court for the Southern District of New York has found disbarred lawyer Steven Donziger guilty of criminal contempt. A human rights attorney, Mr. Donziger failed to comply with court orders in a multi-million civil RICO lawsuit filed by… Read More »
Civil RICO Lawsuits, Enterprises, And Sole Proprietorships: What You Need To Know
In order to bring a successful civil RICO claim under federal law or Florida state law, a plaintiff must prove that the defendant(s) acted as part of an “enterprise.” An enterprise is a commercial association with a “fundamental structure” that has the following three characteristics: A genuine relationship between all parties named; An association… Read More »
