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Author: Edward F. Mannino
Publisher:
ISBN:
Category : Civil RICO actions
Languages : en
Pages : 88
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Book Description
Author: Edward F. Mannino
Publisher:
ISBN:
Category : Civil RICO actions
Languages : en
Pages : 88
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Book Description
Author: Gregory P. Joseph
Publisher: American Bar Association
ISBN: 9781604429084
Category : Civil RICO actions
Languages : en
Pages : 340
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Book Description
This valuable book provides a concise, yet thorough analysis of the major legal issues arising in civil actions litigated under the Racketeer Influenced and Corrupt Organizations Act (RICO). Well organized and indexed, Civil RICO guides you through the complex statute and morass of related case law and helps you quickly locate the issues pertinent to your case. This new edition identifies all major emerging issues in civil RICO litigation and advises you on current developments.
Author: Paul A. Batista
Publisher: Wolters Kluwer
ISBN: 0735567824
Category : Law
Languages : en
Pages : 1513
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Book Description
Civil RICO Practice Manual, Third Edition, serves as the single, most comprehensive resource to which attorneys for plaintiffs and defendants, judges, professors and students turn for information encompassing the full array of issues relating to RICO. An analytic and practical resource of high value to any attorney practicing in this area, Civil RICO Practice Manual provides comprehensive coverage of the Act and its various judicial interpretations, while at the same time taking the litigator through all aspects of RICO-based litigationand—from the complaint, through trial and appeal. This unique resource also supplies the forms and models you need to practice confidentlyand—and efficientlyand—every step of the way. Only Civil RICO Practice Manual: Helps you determine whether there is a successful RICO claim Provides model complaints and other forms you need to prosecute or defend a claim Keeps you completely current with the latest applications or bases for civil RICO claims including copyright infringement Delivers the latest case law and analysis on RICO, including U.S. Supreme Court cases Facilitates your understanding of special issues unique to civil RICO, including the Person/Enterprise standard, which holds persons employed by the enterprise responsible for damages caused by prohibited RICO activities This new Third Edition of Civil RICO Practice Manual adds an important dimension: a meaningful discussion of the criminal uses and scope of RICO. The language of the RICO statute applies equally to civil cases and criminal indictments. As a result, U.S. Supreme Court and appellate decisions rendered in criminal RICO cases almost invariably have meaning for civil racketeering litigation. Civil RICO Practice Manual, Third Edition provides civil practitioners the insight you need regarding the criminal elements of a RICO claim. This powerful resource offers: An entire new chapter on criminal RICO claims A new Model criminal RICO indictment, providing an ideal benchmark for a plaintiff who must structure, prepare and present a civil racketeering complaint And more!
Author: Richard A. Salomon
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 22
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Book Description
Author: Richard A. Salomon
Publisher:
ISBN:
Category : Organized crime
Languages : en
Pages : 22
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Book Description
Author: Jed S. Rakoff
Publisher: Law Journal Press
ISBN: 9781588520487
Category : Law
Languages : en
Pages : 784
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Book Description
RICO: Civil and Criminal Law and Strategy provides a fundamental grounding in substantive RICO law and focuses on strategic and tactical considerations of RICO practice.
Author: Irvin B. Nathan
Publisher:
ISBN:
Category : Corporations
Languages : en
Pages : 56
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Book Description
Author: James A. Johnson
Publisher:
ISBN:
Category :
Languages : en
Pages : 5
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Book Description
The purpose of this article is to provide an advance starting point on civil RICO claims. An additional purpose is to push the jurisprudential envelope forward and to inspire scholarship. Since 1985 RICO has been the weapon of choice for civil plaintiffs because of the broad and liberal construction of the statute and the potential of the litigation equivalent of terror or a thermonuclear device - the availability of treble damages.Civil RICO can be utilized by institutions, corporations, banks, brokerage firms and a bevy of other individuals and associations as plaintiff and counterclaims by defendants. The Civil RICO cause of action is created by 18 U.S.C. Section 1984(c). Civil RICO is intended for use by general practitioners, private law firms, in house corporate law departments and government agencies.The civil racketeering provisions of RICO involve three main sections of the statute: section 1961 provides the definitions, section 1962 describes the prohibited conduct and section 1964 details the remedies. Federal subject matter jurisdiction is conferred by section 1964(c) which creates the civil RICO cause of action. Personal jurisdiction is conferred by section 1965(a), the principal venue provision, permits a party to institute a civil RICO action in any district in which a defendant resides, is found, has an agent, or transacts his affairs. Civil RICO actions are subject to a four-year statute of limitations.The U.S. Supreme Court 1985 decision in Sedima is the most frequently cited RICO precedent. A RICO based complaint must be drafted with the following instructions from Sedima as a guide. A violation of section 1962(c), the section on which Sedima relies, requires (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity. The plaintiff must allege each of the elements to state a claim. They are all equally essential components and the complaint will fail if any one of them is not adequately pleaded. To recover damages requires proof of a concrete financial loss and not injury to a valuable intangible property right. The federal mail fraud statute is one of the frequently utilized federal criminal statutes and is also one of the predicate offenses for RICO purposes.Because of RICO's broad definition of racketeering activity the plaintiff is only limited by his or her creativity and FRCP 11. FRCP 11 imposes an obligation on a lawyer not to assert a claim unless he or she has a good faith in the validity of the claim.
Author: Harold Brown
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 412
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Book Description
Author: Douglas E. Abrams
Publisher: Aspen Publishers
ISBN: 9780316004794
Category : Law
Languages : en
Pages : 598
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Book Description
