RICO Cases
In 1970, the United States Congress passed the
Racketeer Influenced & Corrupt Organizations
Act (RICO). The initial intent of the federal RICO
Act was to give the federal government new and powerful
tools for attacking the influence of organized crime
on the nation’s economy. In its early history,
the RICO Act was used to prosecute organized crime.
The RICO Act also allowed individuals or businesses
injured by a series of specified criminal violations,
which are known as RICO predicate acts, to bring
a case under the RICO Act. Successful plaintiffs
in RICO cases are permitted to receive judgments
in an amount of three times their actual damages,
plus the costs of the action and attorneys’ fees.
Private attorneys began to bring civil claims
under the RICO Act. Many states, including Georgia,
have enacted similar state RICO statutes that allow
state RICO claims to be brought as well.
The state RICO statutes have important differences
from the federal RICO Act. The state RICO statutes
often use a broader list of criminal offenses and incorporate
crimes under state law. The elements of many state
RICO statutes are more easily established than the
federal statute. Longer statutes of limitations
may exist under state RICO statutes than under the
federal RICO Act. In addition, state RICO laws may
allow recovery for damages not included in the federal
RICO Act.
(See John E. Floyd, RICO State by State (1998)).
The federal and state courts have recently engaged
in efforts to limit the scope of RICO in the civil
context. As a result, litigants must overcome many
hurdles in order to successfully litigate these
claims.
Partners in the firm of FINCH McCRANIE, LLP have
experience in prosecuting RICO cases.
This experience includes numerous criminal RICO
prosecutions of organized crime cases for the United
States of America in their capacities as federal
prosecutors, as well as RICO cases in the civil
arena.
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