RICO and corporatist crime

Justin Schwartz jkschw at hotmail.com
Wed Jul 31 20:40:09 PDT 2002



>
>has anyone looked at the efficacy of using RICO to go after some of the top
>corporate criminals?
>
>al

Civil actions for treble damages are available under RICO, and mail fraud is a RICO predicate crime--just about anything can be mail fraud, so it's possible. Btw you don't need a criminal conviction, since the srandard is civil, sow hile you need predicate crimes, you only have to prove them by a preponderance. Two within a year will do. Then you have tos how that the defendants managed an enterprise--that can be tricky. The courts disfavor RICO actions, and if you go after the big boys you'll be facing the biggest baddest law firms backed by the deepest pockets.

jks

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