THIS CASEBOOK contains a selection of 207 U. S. Court of Appeals decisions that discuss, analyze and interpret provisions of the Racketeer Influenced and Corrupt Organizations Act. The selection of decisions spans from 2004 to the date of publication.
The Racketeer Influenced and Corrupt Organizations Act makes it illegal for an individual to use the proceeds of racketeering activity in a business that engages in interstate commerce. 18 U.S.C. § 1962. To establish a civil-RICO claim, a plaintiff must establish three common elements: "(1) a person who engages in (2) a pattern of racketeering activity, (3) connected to the acquisition, establishment, conduct, or control of an enterprise." Abraham v. Singh, 480 F.3d 351, 355 (5th Cir. 2007) (quoting Word of Faith World Outreach Ctr. Church, Inc. v. Sawyer, 90 F.3d 118, 122 (5th Cir. 1996)). "A pattern of racketeering activity consists of two or more predicate criminal acts that are (1) related and (2) amount to or pose a threat of continued criminal activity." St. Germain v. Howard, 556 F.3d 261, 263 (5th Cir. 2009). The predicate criminal acts can be violations of either state or federal law. Id. Snow Ingredients, Incorporated v. Snowizard, Incorporated, (5th Cir. 2016).
To state a civil RICO claim, the plaintiff is required to show that the RICO predicate offense "was the proximate cause" of his injury. Hemi Grp., LLC v. City of New York, 559 U.S. 1, 9, 120 S. Ct. 983, 989 (2010). In the RICO context, proximate cause requires "some direct relation between the injury asserted and the injurious conduct alleged." Id. (quoting Holmes v. Sec. Investor Prot. Corp., 503 U.S. 258, 268, 112 S. Ct. 1311, 1318 (1992)). That relationship cannot be "too remote," "purely contingent," or "indirect." Id. (brackets omitted) (quoting Holmes, 503 U.S. at 271, 112 S. Ct. at 1319). Shannon v. Ham, (5th Cir. 2016).
RICO makes it unlawful for an individual to conduct or conspire to conduct an enterprise by engaging in "a pattern of racketeering activity." 18 U.S.C. § 1962(c); see id. § 1962(d). A pattern of racketeering activity involves, at minimum, two predicate racketeering activities—including, for example, murder, drug trafficking, and illegal gambling—that occur within ten years of one another. Id. § 1961(1), (5). US v. Vernace, 811 F. 3d 609 (2nd Cir. 2016).
The Racketeer Influenced and Corrupt Organizations Act makes it illegal for an individual to use the proceeds of racketeering activity in a business that engages in interstate commerce. 18 U.S.C. § 1962. To establish a civil-RICO claim, a plaintiff must establish three common elements: "(1) a person who engages in (2) a pattern of racketeering activity, (3) connected to the acquisition, establishment, conduct, or control of an enterprise." Abraham v. Singh, 480 F.3d 351, 355 (5th Cir. 2007) (quoting Word of Faith World Outreach Ctr. Church, Inc. v. Sawyer, 90 F.3d 118, 122 (5th Cir. 1996)). "A pattern of racketeering activity consists of two or more predicate criminal acts that are (1) related and (2) amount to or pose a threat of continued criminal activity." St. Germain v. Howard, 556 F.3d 261, 263 (5th Cir. 2009). The predicate criminal acts can be violations of either state or federal law. Id. Snow Ingredients, Incorporated v. Snowizard, Incorporated, (5th Cir. 2016).
To state a civil RICO claim, the plaintiff is required to show that the RICO predicate offense "was the proximate cause" of his injury. Hemi Grp., LLC v. City of New York, 559 U.S. 1, 9, 120 S. Ct. 983, 989 (2010). In the RICO context, proximate cause requires "some direct relation between the injury asserted and the injurious conduct alleged." Id. (quoting Holmes v. Sec. Investor Prot. Corp., 503 U.S. 258, 268, 112 S. Ct. 1311, 1318 (1992)). That relationship cannot be "too remote," "purely contingent," or "indirect." Id. (brackets omitted) (quoting Holmes, 503 U.S. at 271, 112 S. Ct. at 1319). Shannon v. Ham, (5th Cir. 2016).
RICO makes it unlawful for an individual to conduct or conspire to conduct an enterprise by engaging in "a pattern of racketeering activity." 18 U.S.C. § 1962(c); see id. § 1962(d). A pattern of racketeering activity involves, at minimum, two predicate racketeering activities—including, for example, murder, drug trafficking, and illegal gambling—that occur within ten years of one another. Id. § 1961(1), (5). US v. Vernace, 811 F. 3d 609 (2nd Cir. 2016).
