A civil Racketeer Influenced and Corrupt Organizations (RICO) claim can be a potent litigation tool — but only if it is wielded correctly. Many civil RICO claims do not survive judicial scrutiny, let alone a motion to dismiss by the defendant. In fact, many civil RICO claims are dismissed early on for failing to meet the strict pleading requirements found in the RICO statute.
The accomplished attorneys at the Law Offices of Tacopina Seigel & DeOreo are experienced with the intricacies of civil RICO litigation. Additionally, the firm’s founding NYC attorney, Joseph Tacopina, is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell® — a prestigious ranking that demonstrates his skill and dedication to the field.
To understand civil RICO claims, you first need to have an understanding of the RICO statute. Originally, the RICO Act was created to target the Mafia and other forms of organized crime. Today, civil RICO claims may be filed against businesses, corporations and political groups. Civil RICO law is highly complicated and thus requires a plaintiff to retain the services of an experienced New York civil lawyer.
In order to navigate the common pitfalls of litigating a civil RICO claim, it is essential that you consult with an experienced New York City attorney. Since 1994, the Law Offices of Tacopina Seigel & DeOreo has worked tirelessly to uphold and protect the best interests of businesses and individuals throughout the state. The firm’s highly respected NY lawyers can assist you with the following issues related to bringing a civil RICO claim against a defendant:
To succeed on a civil RICO claim, you must demonstrate the defendant violated the criminal RICO statute and that as a result of that violation you suffered damages. Unlike with most civil litigation, a civil RICO plaintiff is often entitled to collect treble damages in addition to legal fees and costs from the defendant. If the defendant has not been charged and convicted criminally, the plaintiff is put in the position of having to prove that the defendant violated the RICO statute. Not all crimes result in RICO liability. You must be able to demonstrate that the defendant engaged in a pattern of racketeering activity. This can be a challenging and complex task requiring experienced counsel from reputable NYC lawyers.
If your civil RICO claim is not filed simultaneously with or after a criminal RICO case against the defendant, you will effectively step into the shoes of a private prosecutor but without any of the investigative and law enforcement powers of a state prosecutor. This arrangement makes discovery in the civil RICO context extraordinarily complex and time-consuming. The civil RICO plaintiff generally seeks the broadest possible scope of discovery, while the civil RICO defendant attempts to limit discovery as much as possible.
Because civil RICO claims often involve allegations of wire fraud, computer and communications experts can be essential.
Civil RICO claims can be futile if brought without the counsel of a competent legal team. The Law Offices of Tacopina Seigel & DeOreo has an in-depth understanding of the RICO statute and can provide you with unrivaled guidance at every stage of your case. Call today at 212-227-8877 or contact us online to schedule a consultation with a highly qualified attorney at the firm.