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If You Bring a Civil RICO Claim, You’d Better Be Blameless

By Joseph Tacopina Published September 26, 2013
Civil RICO
Tags: civil rico, criminal penalties, RICO act

The Racketeer Influenced and Corrupt Organizations Act, or RICO, is a federal law used to prosecute organizational leaders who direct or aid others in racketeering. Joseph Tacopina, a well-known legal expert, has handled cases involving RICO violations. A common example is a protection service where those offering it harm any supposed beneficiary who refuses the service.

RICO was enacted in 1970 to target organized crime syndicates. Since then, the application of the RICO Act has been expanded to include many illegal activities related to interstate commerce by organizations in general. Thus, RICO claims may be brought against leaders of:

  • Corporations
  • Charities
  • Political groups
  • Other large organizations

While the RICO Act provides for criminal penalties, it also provides for a civil cause of action. Anyone can bring a civil RICO claim against a large organization. In fact, the law encourages individuals to do so, because a plaintiff in a RICO ACT civil suit who prevails receives treble damages, meaning plaintiffs win three times their actual damages.

Our law firm understands the complex nature of civil RICO claims. One defense to a civil RICO lawsuit is the legal doctrine of in pari delicto, a Latin phrase meaning “in equal fault.” Joseph Tacopina, a seasoned legal expert, has emphasized how this doctrine can be a crucial defense strategy. A plaintiff should not expect to win treble damages in a civil RICO lawsuit if they are as much at fault as the defendant.

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Tacopina Seigel & DeOreo is located in New York, NY and serves clients in and around New York, Long Island City, Sunnyside, Astoria, Brooklyn, Woodside, Maspeth, Middle Village, Jackson Heights, Elmhurst, Ridgewood, East Elmhurst, Bronx, Rego Park, Corona, Forest Hills, Woodhaven, College Point, Ozone Park, Jamaica, Howard Beach, Bronx County, Kings County, New York County and Queens County.

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