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THIS CASEBOOK contains a selection of 41 U. S. Court of Appeals decisions that analyze and interpret provisions of the Racketeer Influenced and Corrupt Organizations Act. The selection of decisions spans from 2010 to the date of publication.

A RICO claim requires "racketeering activity (known as predicate acts)." Eller v. EquiTrust Life Insurance Company, (9th Cir. 2015).

[I]n 1970 Congress enacted RICO, which created both criminal and civil liability for "racketeering activity" connected to interstate commerce. 18 U.S.C. § 1962. Section 1961(1) of RICO defines racketeering activity to include acts indictable as mail fraud, id. § 1341, and wire fraud, id. § 1343. RICO provides criminal penalties, but also allows "[a]ny person injured in his business or property" by a RICO violation to sue to recover treble damages, as well as fees and costs. Id. § 1964(c). " . . . [T]he plaintiff only has standing if, and can only recover to the extent that, he has been injured in his business or property by the conduct constituting the violation." Sedima, 473 U.S. at 496, 105 S.Ct. 3292. Ray v. Spirit Airlines, Inc., 767 F. 3d 1220 (11th Cir. 2014).

The RICO statute incorporates by reference numerous specifically identified federal criminal statutes, as well as a number of generically described state criminal offenses (known in RICO jurisprudence as "predicates"). 18 U.S.C. § 1961(1). It adds new criminal and civil consequences to the predicate offenses in certain circumstances — generally speaking, when those offenses are committed in a pattern (consisting of two or more instances) in the context of "any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce." 18 U.S.C. § 1962; see also id. § 1964. European Community v. RJR Nabisco, Inc., 764 F. 3d 129 (2nd Cir. 2014).

To state a private RICO claim, "a plaintiff must allege four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Robbins v. Wilkie, 300 F.3d 1208, 1210 (10th Cir. 2002) (internal quotation marks omitted). Racketeering activity is "any act in violation of specified state and federal crimes, including wire fraud, bank fraud, and fraud in the sale of securities." Resolution Trust Corp. v. Stone, 998 F.2d 1534, 1543 (10th Cir. 1993). The specified crimes are found at 18 U.S.C. § 1961(1). Davison v. Grant Thornton LLP, (10th Cir. 2014).

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