Category Archives: RICO claims
What Is The Difference Between A Criminal RICO Case And Civil RICO Case?
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act and the federal Florida Racketeer Influenced and Corrupt Organization (RICO) Act are both complicated and frequently misunderstood. One of the main points of confusion is that there are criminal and civil RICO statutes in place. Here, our Miami RICO claims lawyers provide a brief history… Read More »
Federal Judge Declines To Dismiss Civil RICO Against Electronic Cigarette-Maker Juul Labs
According to a report from the Insurance Journal, a federal judge in San Francisco is allowing a civil RICO lawsuit against Juul Labs Inc.—the nation’s largest electronic cigarette company and maker of “vape” products—to move forward. A collection of consumers, government agencies, and even school districts are currently pursuing a civil RICO claim against… Read More »
Former Top Executive At LSU Filing State And Federal RICO Lawsuit Against University
According to a report from WBRZ 2 ABC, a former high-ranking executive employee at Louisiana State University (LSU) is filing a $50 million corruption lawsuit against the institution, her former bosses, and an area law firm. Among other things, she contends that LSU committed federal and state RICO violations. Here, our Miami RICO lawyers… Read More »
Civil RICO Lawsuit: Closed-Ended Continuity vs. Open-Ended Continuity
Although RICO cases are often associated with criminal activity, plaintiffs can file a civil lawsuit under federal and state RICO laws. Civil RICO claims are notoriously complex. Among other things, you must prove that a defendant engaged in a “pattern” of unlawful racketeering activity to bring a successful civil RICO lawsuit. In order to… Read More »
The Attempted Collection of an Unlawful Debt Could Constitute a Civil RICO Violation
Debt collectors are required to follow certain rules and procedures. As an example, a collection agency must comply with the Fair Debt Collection Practices Act (FDCPA). Failure to do so could result in sanctions, including significant financial liability. The FDCPA and other similar consumer protection laws govern the practices of debt collectors attempting to… Read More »
A Florida Company has Filed a CIVIL RICO Lawsuit Over Missing Personal Protective Equipment (PPE)
According to a report from Law 360, a Florida company has filed a multi-million dollar civil RICO lawsuit against Apex Distribution LLC, an international procurement service firm based in New Jersey. MBI Services LLC alleges that Apex Distribution misrepresented its ability to import millions of protective gloves and engaged in organized fraud to keep… Read More »
Two Differences Between the Florida RICO Statute and the Federal RICO Statute
Under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, a plaintiff can bring a civil claim to seek financial damages caused by a “pattern” of racketeering activity. Florida’s RICO law shares many similarities with the federal RICO statute. In fact, Florida legislators mirrored the state RICO law after the federal statute. That being… Read More »
Civil RICO Lawsuits: What are ‘Treble Damages’?
Under the Florida Racketeer Influenced and Corrupt Organization (RICO) Act, a plaintiff can file a civil lawsuit against defendant(s) who engaged in a pattern of racketeering activity. Notably, a plaintiff that files a successful civil RICO claim can seek treble damages. Under U.S. law, treble damage provisions allow courts to triple the amount of… Read More »
Civil RICO Lawsuits in Florida: What to Know About ‘Continuity’
Through a civil RICO lawsuit, a plaintiff can hold defendant(s) liable for damages caused by a pattern of racketeering activity. Florida courts are clear—a RICO violation is more than “garden variety fraud.” You must establish a pattern of related misconduct. In determining if a pattern exists, one of the things that courts look for… Read More »
How to Survive a Motion to Dismiss in a Civil RICO Case
Through a civil RICO lawsuit, you can hold another party responsible for losses related to an organized fraud scheme. There is a lot at stake in these cases: Under Florida’s RICO statute, a plaintiff can recover for up to three times the amount of their actual financial losses. Bringing a successful RICO claim is… Read More »
Retired Baseball Player Alex Rodriguez Facing Civil RICO Complaint from Former Brother-in-Law
According to reporting from The Morning Call, Alex Rodriguez is facing a lawsuit from Constantine Scurtis, his former brother-in-law. In an explosive lawsuit, the retired MLB superstar is being accused of fraud, racketeering, embezzlement, and a wide range of other financial misconduct. For his part, Mr. Rodriguez has consistently denied the allegations. Indeed, he… Read More »
Report: Insurance Companies are Filing Civil RICO Lawsuits Against Alleged Fraudsters
According to a report from the SunSentinel, some insurance companies are starting to use civil RICO laws to combat (alleged) fraud. In recent weeks, both Citizens Property Insurance Corp. and Heritage Property & Casualty—two of the largest insurance providers in Florida—have filed civil RICO lawsuits. Here, our West Palm Beach RICO claims lawyers highlight… Read More »
Civil RICO Claims: Proving Money/Property is “An Object of the Fraud”
The Racketeer Influenced and Corrupt Organizations Act—or as you probably know it “RICO”—was originally enacted to target organized crime. However, in recent years, RICO has increasingly become a civil issue. Through a civil RICO claim, a legitimate business or organization may face a civil lawsuit for a pattern of fraudulent conduct. In May of… Read More »
Civil RICO Claims in Florida: What to Know About Standing
Through a civil RICO lawsuit, a company, organization, or entity may be held legally liable for a pattern of fraudulent business practices. To bring a successful civil RICO claim in Florida, the plaintiff must prove a number of different elements, including: Fraud occurred; The defendant was part of an ‘enterprise’; and There was a… Read More »
What You Need to Prove to Prevail in a Civil Rico Claim in Florida
RICO (Racketeer Influenced and Corrupt Organizations Act) refers to the state and federal laws that are used to bring criminal and civil penalties against ongoing criminal organizations. Though it is not well known, RICO claims are sometimes brought against legitimate businesses that are engaged in systematic fraud. Under Florida’s RICO statute, plaintiffs can hold… Read More »
GEICO Files New Civil RICO Claim Against Florida Company
According to reporting from Autobody News, GEICO has filed a federal civil RICO lawsuit against a Florida-based windshield repair company. The large insurance company alleges that the defendant — a Tampa area auto repair business called Shazam Auto Glass ― committed fraud by falsifying windshield repairs. In this article, our Miami RICO claims attorneys… Read More »
What to Do If Your Miami Business is Facing RICO Charges
The Racketeer Influenced and Corrupt Organization Act (RICO Act) is an increasingly important issue in the realm of business law. While the RICO Act is often associated in popular culture with criminal charges, your Florida business could also face a civil RICO lawsuit. If found liable for a civil violation under the RICO Act,… Read More »
Civil RICO Lawsuit Brought Against HomeAdvisor
According to reporting from PR Newswire, a class action civil RICO lawsuit has been brought against IAC/InteractiveCorp and its subsidiary company HomeAdvisor. HomeAdvisor is a web based company that helps to match homeowners with contractors and other home service companies. HomeAdvisor not only provides a directory of local companies that offer home-related services, but… Read More »
Did Spirit Airlines Violate the RICO Act? The Eleventh Circuit Court Says No
Recently, the Eleventh Circuit Court released a decision in the case of Ray v. Spirit Airlines. Lead plaintiff Bryan Ray, who was representing a group of several different similarly situated consumers, alleged that Spirit Airlines had violated the RICO Act. The Eleventh Circuit disagreed with the plaintiffs and found in favor of the airline…. Read More »
GEICO Files Civil RICO Lawsuit Against Five Florida Companies
The Insurance Journal recently reported that GEICO, one of the nation’s largest insurance companies, has filed a civil RICO lawsuit against five Florida businesses along with six specific individuals. The lawsuit, which was filed in Tampa Bay, alleges that the defendants were engaged in an insurance fraud scheme that amounted to a civil RICO… Read More »
