The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted, in part, as way to eradicate the harmful effects of organized crime on the nation’s financial system. Today, RICO is a claim that is frequently asserted in federal courts by the alleged victims of white collar crimes.
The RICO Act refers to criminal activities such as racketeering. A claim under the Act cannot exist where there is no criminal activity. Specifically, all RICO claims have to be based on a violation of one of the enumerated crimes contained in the United States Code. However, RICO claims cannot be based on negligence, breach of contract, broken promises, flawed product design, unsuccessful business transactions, or any alternative fact-based scenarios that could give rise to other claims under the common law. A well-informed San Francisco white collar criminal defense attorney can advise you based on the pertinent facts of your case.
Additionally, RICO claims can be based on violations of certain state criminal laws. With regard to state crimes, the RICO Act states that a violation can be predicated upon any act or threat involving murder, kidnapping, gambling, etc. that is chargeable under state law and carries a punishment of more than one year. Therefore, to prove a RICO claim, a plaintiff must first claim and demonstrate the entire murder case, kidnapping case, arson case, robbery case, etc. If you believe that you need the services of a San Francisco white collar defense attorney, call Chris Morales today for a free consultation.
