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NCJRS Abstract

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NCJ Number: 78856 Find in a Library
Title: Instituting a RICO (Racketeer Influenced and Corrupt Organizations) Civil Treble Damages Action - Jurisdiction, Venue, Service of Process, Pleading and Parties (From Techniques in the Investigation and Prosecution of Organized Crime - Materials on RICO, P 607-815, 1980, G. Robert Blakey, ed. - See NCJ-78839)
Author(s): M S Smith
Date Published: 1980
Page Count: 209
Document: PDF
Format: Document
Language: English
Country: United States of America
Annotation: The procedure by which a civil plaintiff injured in a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) may initiate action in Federal court is discussed.
Abstract: Since RICO was enacted in 1970, only four reported private civil treble-damage actions have been brought pursuant to RICO. Any analysis of the statute, therefore, is severely hampered by the scarcity of reported case law; however, the task is aided by RICO's resemblance, at least in civil procedure, to the Federal antitrust laws. Through interpretation of applicable antitrust provisions, a comprehensive, albeit tentative, analysis of RICO's civil procedure is possible. In discussing where the action can be commenced, the initial topic considered is subject-matter jurisdiction. This section considers whether a Federal issue is involved, the amount of damages in controversy, pendant jurisdiction, and ancillary jurisdiction. Jurisdiction over the person and venue are also examined in considering where the action can be commenced. In discussing how the action can be commenced, the elements examined are service of process, pleadings, and the pretrial conference. The section on parties to the suit (who may sue and who may be sued) considers the real party in interest, joinder of claims and remedies, joinder of parties, and intervention. Appended are selected provisions from the Federal Rules of Civil Procedure and sample pleadings from RICO treble-damages action (Farmers Bank v. Bell Mortgage Co.). A total of 622 footnotes are listed. For additional material on RICO, see NCJ 78839.
Index Term(s): Civil proceedings; Jurisdiction; Lawsuits; Pleas; Pretrial procedures; Racketeer Influenced and Corrupt Organizations (RICO) Act
Note: Available on microfiche from NCJRS as NCJ-78839
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