Racketeering law is not just for mobsters — civil RICO claims give businesses treble damages against organized fraud. Transnational Matters PLLC prosecutes and defends these cases as part of our international litigation practice. Moreover, we know where RICO stops at the border — and what to plead instead when it does.
What Civil RICO Claims Require
Under 18 U.S.C. § 1964(c), a plaintiff injured by a violation of RICO can recover three times its damages plus attorney’s fees. The price of admission is strict: an enterprise, a pattern of at least two related predicate acts — such as wire fraud or money laundering — and injury to business or property caused by that pattern. Consequently, courts dismiss poorly pleaded RICO counts quickly.
When Civil RICO Claims Fit Business Disputes
The right cases involve schemes, not single breaches: long-running vendor fraud, coordinated diversion of corporate assets, counterfeiting operations, and Ponzi-style investment structures. However, RICO is a scalpel, not a hammer — we plead it when the pattern is real, and we defend against it when opponents use it for leverage.
The International Limit — and the Workaround
In RJR Nabisco, Inc. v. European Community, 579 U.S. 325 (2016), the U.S. Supreme Court held that private civil RICO claims require injury felt in the United States. Therefore, purely foreign losses need another vehicle — common-law fraud, commercial fraud claims, or foreign proceedings we coordinate alongside U.S. counts.
FAQ: Civil RICO Claims
What damages do civil RICO claims pay?
Treble damages plus fees — the strongest remedy in commercial litigation. As a result, a well-pleaded RICO count changes settlement dynamics immediately.
Can foreign companies bring civil RICO claims?
Yes, if the injury was suffered in the U.S. However, after RJR Nabisco, foreign-injury claims fail — venue and structure decide these cases.
We were sued under RICO. How bad is it?
Serious but often defensible. In fact, many RICO counts collapse on the pattern or enterprise elements at the motion stage — speed and precision matter.
Conclusion
RICO rewards plaintiffs who plead with discipline and punishes those who reach. Therefore, before filing or answering civil RICO claims, get counsel who has seen the statute from both sides. Contact Transnational Matters or call (305) 417-9866.