Racketeer Influenced and Corrupt Organizations Act (RICO)
Consumer fraud, predatory lending, and other patterns of conduct may give rise to a claim under the federal or state RICO Acts. Any person harmed by a pattern and practice of "racketeering activity" and who can meet the other requirements of the RICO Acts is, as a general matter, entitled to three times the amount of the damages they suffered. RICO claims are a powerful tool for plaintiffs, and a very serious claim requiring vigorous defense for defendants. Both parties need skilled counsel who are familiar with the many requirements and quirks of RICO claims.
Fried & Bonder lawyers are experienced RICO lawyers in both federal and state courts. Familiarity and experience with both the plaintiff's and defendant's side of such cases gives Fried & Bonder lawyers insight into the opponent's strategies. From a plaintiff's perspective, detailed preparation, extensive document review, and a clear well stated complaint are essential first steps. Defendants, who only learn about such claims when they are sued, must gear up quickly, and prepare for an onslaught of discovery requests.
RICO was originally enacted by Congress in 1970 as a tool to prosecute the Mafia. For the last two decades, RICO has also been a tool for increasing damages claims in civil actions. RICO, by tripling (trebling is the technical term) the available damages, and providing for recovery of attorney's fees, gives otherwise minor civil claims teeth. RICO's broad scope has resulted in it being applied against companies who hire illegal aliens, defendants who systematically engage in violations of the Truth in Lending Act, and employees who scheme to defraud their employers.
For a claim to fall under RICO, the "racketeering activity" must fall within the defined conduct under the applicable RICO Act. Usually, such racketeering activity includes criminal conduct such as: mail fraud; wire fraud; extortion; and bank fraud. The racketeering activity must be part of an ongoing scheme made up of related racketeering activities. The conduct cannot have been a onetime incident. There must be a true pattern of the crimes giving rise to the RICO claim.
RICO claims typically involve allegations of a conspiracy. Usually, the racketeering activity is the result of intentional coordination among several parties, whether real people or corporations, for some illicit purpose. Conspiracy claims are also often made in civil cases that do not allege RICO. In those cases, the civil conspiracy claim is an effort to tie all defendants together for liability to make collection of a judgment easier for the plaintiff. Whether in conjunction with a RICO claim, or simply as part of a civil matter, conspiracy claims require immediate investigation and collection of all possible evidence.
If you have been sued for RICO, contact an attorney immediately. If you think you might have a RICO claim, prepare a detailed timeline of the conduct and collect whatever evidence is available. Such a claim can only be effectively evaluated if all available evidence is reviewed.
Fried & Bonder lawyers bring experience, creativity, and flexibility to RICO and civil conspiracy cases. Let Fried & Bonder use those assets to help you.
Representing Individuals and Businesses
in the Atlanta Area and Nationwide
To discuss a potential or ongoing RICO claim and to make arrangements for an initial consultation, call the firm's Atlanta, Georgia, offices directly at 404.963.9443 or contact the attorneys online.
