Category Archives: RICO claims
DOJ: Fourth Person In Florida Pleads Guilty To RICO Charges In ‘Grandparent Scam’ Case
On May 26th, 2022, the Department of Justice (DOJ) officially obtained a guilty plea from a fourth person in a so-called “grandparent scam.” The defendant, Joaquin Lopez, 46 of Broward County, is one of several people in this case who has ties to Florida. Mr. Lopez was allegedly part of a criminal racketeering scheme… Read More »
Civil RICO Claims: Understanding The Judicial Interpretation Of ‘Pattern’ Requirement
Through a civil RICO lawsuit (federal or state), a plaintiff can take action to hold a defendant(s) legally responsible for damages caused by unlawful racketeering activity. The treble damages provision of the civil RICO statute allows a plaintiff that brings a successful claim to recover compensation worth three times their actual damages. That being… Read More »
Is The Burden Of Proof Lower In A Civil RICO Lawsuit In Florida?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a law that imposed liability for harm caused by illicit racketeering activity. The RICO Act has both criminal and civil statutory elements. A defendant could be arrested and charged with a criminal RICO offense and/or a defendant could face a civil RICO lawsuit from a… Read More »
Who Can Be Named As A Defendant In A Federal Civil RICO Lawsuit?
In 1970, the Racketeer Influenced and Corrupt Organization (RICO) Act was passed into law in an effort to combat organized crime. RICO is a criminal statute that also includes a civil element. An individual, business, or organization defrauded due to racketeering activity can file a civil RICO lawsuit against the responsible party. This raises… Read More »
Who Has Standing To File A Federal Civil RICO Lawsuit?
Not everyone has the right to have their case heard in court. A plaintiff must first establish that they have “standing” in order to be eligible to pursue their legal claim. In the legal context, standing is simply the capacity to bring a particular lawsuit in court. In this blog post, our Miami RICO… Read More »
Major BioTech Company Faces Lawsuit For Alleged Civil RICO Violations
On April 4th, 2022, a health insurance company in New Jersey filed a civil RICO lawsuit against Regeneron Pharmaceuticals, a biotechnology company based in New York State (Horizon Healthcare Services, Inc .D/B/A Horizon Blue Cross Blue Shield of New Jersey v. Regeneron Pharmaceuticals, Inc.) The lawsuit alleges a corruption scheme related to Eylea macular… Read More »
Civil RICO: What Is A Predicate Act?
The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is most well known as the law that helped to take down the mafia and other criminal enterprises. Federal and state RICO laws also have a civil portion. A private party plaintiff can file a civil RICO lawsuit to hold a defendant financially responsible for… Read More »
Defining An “Enterprise” Under Florida’s Civil RICO Statute
Under Florida’s state civil RICO statute, a plaintiff can hold a defendant legally liable for damages caused by racketeering activity. RICO lawsuits are among the most complex types of civil legal claims. There are a number or specific elements that must be satisfied in order to establish civil RICO liability. Among other things, a… Read More »
Federal Civil RICO Litigation: Court Rules Thwarted Beneficiary Not Eligible To Pursue Civil RICO Claim
Recently, the United States Court of Appeals for the First Circuit ruled against a plaintiff in a civil RICO lawsuit. In the case of Lerner v. Colman, et al, the federal court determined that the plaintiff—a beneficiary who suffered damage because of alleged racketeering activity involving her uncle’s estate—cannot move forward with a civil… Read More »
What To Know About Civil RICO Claims And Arbitration
Arbitration is a form of alternative dispute resolution (ADR) through which a legal conflict is resolved by an independent arbitrator instead of in state or federal court. Many different types of commercial disputes may be subject to arbitration, potentially even including civil RICO claims. At Pike & Lustig, LLP, we have extensive experience representing… Read More »
