RICO In A Nutshell

Contents

Introduction: The Mafia as a Helpful Context

What constitutes a RICO violation?
Section 1962(c) Claims
Defendant Persons
Enterprise
Enterprise / Racketeering Activity Distinction
Person / Enterprise Distinction
An Enterprise Engaged in or Affecting Interstate Commerce
Defendants' Operation or Management of the Enterprise
The Pattern
Relatedness
Continuity
Multiple Schemes and the Pattern
Racketeering Activity
Mail and Wire Fraud
Bank Fraud
Extortion
The Obtaining of Property from Another And Threats of Physical Violence
The Issue of Consent
Extortion under Color Of Official Right
Extortion vs. Legitimate Exercise of Government Power
Other Predicate Acts Related to Extortion

Civil Remedies under Section 1964
Injured "by reason of" a Violation of Section 1962
Intervening Factors
Non-predicate Acts
Independent Contributing Factors
Directly Injured Third-party Victims
Mail Fraud, Wire Fraud, and Bank Fraud - Reasonable Reliance
Injury to Business or Property
Equitable Relief

SECTION 1962(a) & (b) CLAIMS
Association-in-Fact Enterprises Under Sections 1962(a) & (b)
Injury "by reason of" a Section 1962(a) Violation
Injury "by reason of" a Section 1962(b) Violation

CONSPIRACIES TO VIOLATE RICO - SECTION 1962(d)

RICO'S STATUTE OF LIMITATIONS
Limitations Period
Accrual of a Civil RICO Claim
Early Conflicting Accrual Rules
The Supreme Court's Effort to Resolve the Conflict
Tolling Doctrines
New and Independent Injuries

CONCLUSION


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