Category Archives: RICO claims
What Is The RICO Act?
The Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 is a federal law passed specifically to fight organized crime. The law strengthened legal tools in evidence gathering by establishing new penal prohibitions and providing enhanced sanctions and new remedies for dealing with the unlawful activities of those engaged in organized crime. Common racketeering… Read More »
Civil RICO Update; Court Requires Cigarette Companies To Issue Corrective Statement
On December 6th, 2022, the United States Department of Justice (DOJ) issued a joint announcement with the Department of Health and Human Services (HHS) resolving the federal government’s long-running civil RICO lawsuit against many of the nation’s largest cigarette companies. As part of the agreement, these companies will take additional corrective action. In this… Read More »
Federal Appeals Court Dismissed Civil RICO Claims Against Southwest And Boeing
According to a report from the Aero News Network, a federal appeals court has dismissed a civil RICO lawsuit against Southwest Airlines Boeing. The civil racketeering claim is related to a pair of international 737 Max-8 accidents that claimed hundreds of lives in 2018 and 2019. The civil RICO lawsuit was dismissed on the… Read More »
Civil RICO Claims: What Constitutes A “Pattern” Of Racketeering Activity?
Through a civil RICO claim, a plaintiff can seek treble damages. Recovery may be available for three times their actual losses. That being said, it is not easy to establish liability in a recovery case. There are specific criteria that must be met—including proving a pattern of racketeering activity. Here, our Miami RICO claims… Read More »
Civil RICO Lawsuit Alleges Contractor Embezzled Nearly $600,000 In Vermont Project
According to a report from VTDigger, a contractor has been accused of embezzlement of more than $600,000 from a non-profit organization in a civil RICO lawsuit filed in a state court in Vermont. The plaintiff ValleyNet—a nonprofit that operates the internet provider “ECFiber”—alleges that a contractor named John Van Vught diverted funds before disappearing…. Read More »
Dechert Sued For Civil RICO Violation For Alleged Misconduct Of A Partner
According to a report from the American Bar Association (ABA) Journal, Dechert LLP —a large global law firm with a main office in Philadelphia, PA—is facing a civil RICO lawsuit. The law firm is being sued for allegedly being “willfully blind” to alleged unethical professional conduct by one of its London-based partners. Here, our… Read More »
Cities And Towns In Rhode Island File A Civil RICO Lawsuit Against Consulting Firm McKinsey
According to a report from GoLocalProv, several municipal governments in Rhode Island have filed a civil RICO lawsuit against the national consulting firm McKinsey & Company. The civil racketeering claim relates to McKinsey’s alleged role in the opioid epidemic. Notably, there is already multi-district litigation ongoing regarding this matter. Here, our West Palm Beach… Read More »
Federal Civil RICO Claims: RICO Conspiracy Lawsuits
Racketeering is illegal. The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that prohibits racketeering. Florida has its own state RICO law. Notably, these statutes have both criminal and civil elements. A person, business, or organization that suffered financial harm due to racketeering activity can file a lawsuit directly against the… Read More »
Federal Judge Dismisses Majority Of Cayuga Nation’s Civil RICO Lawsuit
According to a report from Auburn Citizen, a federal judge has dismissed a civil racketeering lawsuit filed by the Cayuga Nation. The Cayuga Nation of New York is a federally recognized Native American tribe. The group alleged that Pipekeepers Tobacco & Gas—a smoke shop located in Upstate New York—has committed a civil RICO violation…. Read More »
What To Know About Causation And Civil RICO Claims
Through a civil racketeering lawsuit, a plaintiff can hold a defendant liable for three times the actual losses sustained due to a civil RICO violation. However, establishing liability in a civil racketeering case is never easy. There is a high bar that plaintiffs need to clear. One of the most important elements of bringing… Read More »
How To Prove A Predicate Act In A Racketeering Claim (Civil RICO Law)
The Racketeer Influenced and Corrupt Organizations Act (RICO Act) is both a criminal and civil statute. The law allows individuals, businesses, and nonprofit organizations to hold offenders responsible for losses caused by unlawful racketeering activity. To establish liability in a civil racketeering claim, a claimant must prove that the defendant(s) engaged in a predicate… Read More »
What Damages Can Be Recovered In A Civil RICO Lawsuit In Florida?
Racketeering is broadly defined as a type of organized criminal activity through which a perpetrator can make a profit through coordinated fraud, deceit, or other unlawful activities. There are federal and state RICO laws in place that make racketeering a serious criminal offense. Additionally, these statutes also allow affected victims to bring a civil… Read More »
Federal Appeals Court Dismisses GM’s Civil RICO Lawsuit Against Chrysler
According to reporting from Reuters, the United States Court of Appeals for the Sixth Circuit dismissed a civil racketeering lawsuit that General Motors (GM) filed against Fiat Chrysler Automobiles. The U.K. based, Italian-American auto company is one of GM’s top corporate competitors. GM alleges billions in damages caused by Fiat Chrysler’s supposed misconduct related… Read More »
Federal Appeals Court Allows Civil RICO Claim Against Labor Unions To Proceed
Last month, the United States Court of Appeals for the Third Circuit issued an important decision in the case of Care One Management LLC, v. United Healthcare Workers East. Originally arising out of the United States District Court for the District of New Jersey, the dispute centers around civil RICO violation allegations (racketeering allegations)… Read More »
What Is The Statute Of Limitations In A Civil RICO Claim?
Civil RICO laws allow private actors (individual, business, organization, etc) to hold private parties legally responsible for damages caused by illicit racketeering activity. While it can be difficult to establish liability in a civil RICO, the potential for recovery is significant. Through a successful civil RICO lawsuit, a plaintiff can recover treble damages—meaning three… Read More »
Federal Judge Dismisses Bank’s Civil RICO Lawsuit In Probate Dispute
According to a report from NPR Kansas City, a federal judge has dismissed a civil RICO lawsuit against the descendants (daughter and grandchildren) of Thomas Hart Benton, the famous painter and muralist. The civil racketeering case was filed by UMB Financial Corporation. The case has been dismissed based on the plaintiff’s failure to allege… Read More »
Law Firm Sued Over Alleged Civil Rico Violation
According to a report from Bloomberg Law, the now-defunct Los Angeles based Girardi Law Firm is facing a $100 million civil RICO lawsuit. The federal lawsuit—filed in the United States District Court for the Northern District of California—alleges that Thomas Girardi and the Girardi Law Firm systematically defrauded clients and engaged in illicit racketeering… Read More »
Federal Judge Dismisses A Pair Of Civil RICO Lawsuits For Plaintiffs’ Failure To Demonstrate A Pattern Of Racketeering Activity
According to a report from Law.com, a federal judge has dismissed two civil RICO lawsuits over each plaintiff’s failure to allege a sufficient “pattern of racketeering activity.” The ruling once again demonstrates the high bar to establish a civil RICO violation. In this article, our West Palm Beach RICO claims lawyer explains the key… Read More »
How Does A Prior Or Parallel Criminal Proceeding Impact A Civil RICO Lawsuit?
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that imposes serious legal liability on those who engage in racketeering activity as part of an enterprise. Florida also has its own state RICO statute called the Florida RICO Act. Federal RICO law and Florida RICO law are both criminal and civil… Read More »
What Makes A Civil RICO Claim Different From A Business Fraud Claim?
There has been a rise in civil RICO litigation in recent years. Under the federal RICO Act and the Florida RICO Act an individual or business that suffered losses due to illicit racketeering activity can seek justice and compensation. Additional compensation is available in a civil RICO claim—but it is more difficult to prove… Read More »
