Business Fraud and Pattern in Civil Rico

Thursday, January 1st, 1987 at 12:00 am by Ronald E. Whitney
Ronald E. Whitney, Business Fraud and Pattern in Civil Rico, 1987 Colum. Bus. L. Rev. 275

As part of a broad objective to eradicate organized crime, Congress created a private civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”‘) concurrent with that of the government. Although available since 1970, this civil action was rarely used until the early 1980’s. Since then and especially in the last few years, its use has dramatically increased. Crafty plaintiffs’ counsel perceived that a civil RICO remedy could possibly be available even in the most common business disputes where a fraud is alleged. Through this approach, they have attempted to have the statute applied expansively.

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