The claim requires conduct of an enterprise through a pattern of racketeering activity causing injury to business or property. Predicate acts include mail fraud, wire fraud, and numerous other offenses.

Personal injury does not support standing.

Alternative Names:

RICO Claim|Racketeer Influenced and Corrupt Organizations Act

Why it Matters?

The enterprise and pattern elements defeat most civil RICO claims, since a single scheme with a limited duration does not establish the continuity a pattern requires, and the enterprise must be distinct from the defendant person under most formulations. Plaintiffs plead RICO for the treble damages and fee shifting, which makes early dismissal motions worthwhile given the settlement pressure the claim generates.

Frequently asked questions

What defeats most RICO claims?

Why do plaintiffs plead RICO?