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 things that plaintiffs should understand about the importance of establishing a pattern of racketeering activity in a civil RICO claim.

Federal Court Ruling: Civil RICO Claims Over Fraudulent PPE Dismissed 

A federal district court judge in Maryland has dismissed two separate civil RICO claims against a defendant that was allegedly engaged in a Personal Protective Equipment (PPE) related fraud scheme. According to the allegations raised in both lawsuits, the defendant in question purportedly engaged in comprehensive PPE fraud scheme that involved:

• Manufacturing;
• Marketing; and
• Selling defective equipment.

While the court did not absolve the defendant of all allegations of wrongdoing in these cases, it did dismiss the civil RICO claim. The court determined that the plaintiffs failed to allege anything beyond “routine criminal activity.” As they fail to allege a sufficient “pattern of racketeering activity”, the civil RICO claim could not move forward. 

A Pattern of Racketeering Activity is a Required Element of a Civil RICO Violation 

Federal and state civil RICO laws offer a potentially powerful legal remedy to people, businesses, and organizations that were harmed due to illicit racketeering activity. If you file a successful civil RICO lawsuit in Florida, you can recover damages worth three times the value of your actual losses.

At the same time, proving liability in a civil RICO lawsuit is immensely challenging. As the federal court in Maryland ruled in this case, a civil RICO violation requires more than prove mere fraud or routine criminal misconduct. A plaintiff in a civil RICO lawsuit must prove a pattern of racketeering activity.

A pattern of racketeering activity in a civil RICO claim requires proving at least two predicate acts by the defendants(s) for which sufficient “continuity” can be established. In civil RICO litigation, continuity is essentially the term used to describe the connection between the defendant’s act. The closer the defendant’s alleged illicit acts can be linked, the more likely that a plaintiff will be able to meet the pattern of racketeering element that is required to bring a civil RICO lawsuit under either federal law or Florida law.

 Get Help From a Civil RICO Litigation Attorney in South Florida

At Pike & Lustig, LLP, we have a depth of knowledge and experience handling civil RICO lawsuits. If you have any specific questions about how to establish a pattern of racketeering activity in a civil RICO claim, we are more than ready to help. Give us a phone call today to arrange your confidential appointment with a lawyer. From our law offices in West Palm Beach, Miami, and Wellington, we handle civil RICO litigation throughout the entirety of Southeastern Florida.

Source:

law.com/2022/06/24/judge-dismisses-two-civil-rico-charges-fraudulent-ppe-allegations-dont-reflect-criminal-activity-above-the-routine/