Civil Causes of Actions under the RICO

1962 anti- conduct law). anti-racketeering law applies to a roomy range of federal and state felonies. It imposes s constantlye penalties on violators, dogged terms of imprisonment, fines and forfeitures.

Under sec. 1964 either the Attorney General or "any person injured in his business or property by reason of a violation of sec. 1962" may bring a urbane action under RICO in state or federal courts (sec. 1964).

The origins of civil RICO ar somewhat obscure. unconditional Court Justice Thurgood marshal say that it was enacted "almost as an after thought" (Hynes, 1986, p. 11). fit to Feldman (1998, January), Rep. Sam Steger added a civil action treble regaining section before passage (p. 117). The American Bar necktie approved that amendment. It apparently was intended to fill in gaps in RICO criminal prosecutions and generally to buttress the government's assault on organized crime. However, Congress added permissive language which has been used ever since by advocates of a broad interpretation of Civil RICO, namely, that RICO's nourishment "shall be liberally construed to effectuate its remedial purposes" (Hanzman, 2003, July, p. 88).

In Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479 (1985), the Supreme Court commented approvingly on RICO's "far r separatelying civil enforcement scheme."

Northeast Women's Center v. McMonagle (McMonagle IV), 868 F.

of' racketeering activity: A critical analysis of the 11th

substantial Areas of Difficulty. Plaintiffs in Civil RICO claims must examine that the defendant engaged in a pattern of two or more racketeering activities within a ten stratum period. The predicate acts must bear some connection with each other and "share the same or similar purposes, results, participants,. victims, or methods of commission." H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229, 240 (1984). They must also show that the racketeering acts pose a threat of continuity --i.e. that the "offenses are part of ongoing entity's regular way of doing business" (Bucy, 1996, p. p. 147). Bucy said these requirements significantly impact the plaintiffs' burden of proof, especially in class action suits where the individual criminal acts involved may be separate or unrelated.

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