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Civil RICO Defense

Nassau County, Long Island and Downstate New York Defense Law Firm

Racketeer Influenced and Corrupt Organizations (RICO) Civil Claims Defense

The Racketeer Influenced and Corrupt Organizations Act (RICO), part of Title IX of the Organized Crime Control Act of 1970, was enacted primarily as a criminal statute. Quietly introduced along with it, however, was a civil provision (Section 1964(c)), authorizing private treble-damage actions. For years, the civil provision was rarely used. However, the potential sweep of the civil provision is extraordinary, and has been employed in a wide variety of contexts far removed from the colloquial vision of racketeering and organized crime.

RICO is a collection of laws that pertain to the economic activities of organizations involved in alleged illegal activity, otherwise known as racketeering. Penalties for a RICO conviction include heavy fines, financial restitution, imprisonment up to 20 years, and dissolution of a company. Crimes listed in the federal and state statutes that qualify as racketeering include:

  • Fraud
  • Counterfeiting
  • Theft
  • Drug trafficking
  • Embezzlement
  • Kidnapping
  • Gambling
  • Murder

According to the terms of 18 U.S.C. §§1962(c) and 1964(c), individuals injured by a RICO violation in their business or property may bring a civil suit seeking a compulsory award of treble damages, costs, and attorney's fees. A successful civil RICO claim requires a plaintiff to prove two things: First, that the plaintiff suffered an injury to business or property; Second, that the plaintiff's injury was proximately caused by the defendant's violation of the RICO statute. A defendant to a Civil Rico claim need not be criminally convicted before a plaintiff can sue under RICO. However, a showing of injury requires proof of a concrete financial loss as opposed to intangible property interest.

Montfort, Healy, McGuire & Salley LLP, has successfully defended civil RICO claims. We understand the statute's technical nuances, and we can effectively advise and defend you in court should the need arise. For more information contact our firm today.

Our law firm handles personal injury, medical malpractice and other insurance defense litigation matters in the State of New York, specifically in the counties of Nassau, Suffolk, Queens (Long Island), Kings (Brooklyn), New York (Manhattan), Richmond (Staten Island), Bronx and Westchester.

840 Franklin Avenue | P.O. Box 7677 | Garden City, NY 11530-7677

Montfort, Healy, McGuire & Salley LLP
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