RICO Claims: The Challenge of Alleging the Pattern Element

In the past, RICO laws were made to fight organized crime, but now they are used in regular business disputes. People like to use RICO claims because they give more money and let them bring up old conduct in court. To make a RICO claim, the person filing it has to show a pattern of bad behavior by the other party. This can be hard to do, especially if the bad behavior happened a long time ago. The federal and Florida RICO laws allow for civil liability to be imposed on people who are involved in a criminal enterprise and engage in a pattern of illegal activity. In order for there to be a pattern of illegal activity, there must be a connection between the criminal acts and they must be ongoing. This can be challenging to prove in a civil RICO case. To prove continuity in a RICO case, a plaintiff needs to show either “closed-ended continuity” or “open-ended continuity.” Closed-ended continuity means the illegal activities happened over a long period of time, with multiple victims and schemes. For example, a few months of illegal activity or just one victim wouldn’t be enough to prove closed-ended continuity. It’s about showing a pattern of long-term criminal behavior. To prove open-ended continuity in a civil RICO claim, the plaintiff needs to show that the racketeering activity will continue into the future. This depends on the nature of the criminal acts and the organization involved. If the organization is a long-term criminal group, then the threat of continued criminal activity is presumed. If the organization is a legitimate business, the plaintiff needs to show that the criminal acts are a regular part of how the business operates. This can be difficult to prove, especially if the criminal acts are not directly connected to the organization’s regular business operations. In the end, RICO claims are powerful but hard to prove, and courts need to carefully review the allegations before allowing a case to proceed. This text is about the RICO law, which is used to prosecute organized crime. It includes details about the definition of racketeering activity and the requirement for a pattern of criminal behavior. The text also discusses how courts have interpreted the law in different cases. Overall, it’s a detailed explanation of RICO law and how it’s applied in legal cases. Karen D. Walker and Michael G. Tanner work together at a law firm in Florida. They want to thank Merideth Nagel for helping with their research. This article is submitted by the Trial Lawyers Section. Their goal is to teach their members about duty and serving the public, improve how justice is carried out, and advance the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/rico-claims-the-challenge-of-alleging-the-pattern-element/