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NCJRS Abstract

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NCJ Number: 93573 Find in a Library
Title: Measure of Damages Under RICO (Racketeer Influenced and Corrupt Organizations) (From Techniques in the Investigation and Prosecution of Organized Crime, Volume 3, 1980-See NCJ-93571)
Author(s): D E Campbell; E J Lopez
Date Published: 1980
Page Count: 33
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: The general concepts, now used in antitrust cases, of how to measure damage to a business are likely to apply also to cases decided under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Abstract: These damage measures include (1) diminution of revenue from business actually transacted, (2) loss of profits which would otherwise have been made when the plaintiff was actually operating the business, and (3) loss of or injury to investment in property. it is likely that the rigid requirements for proving the fact of damage and the standing rules of the antitrust field will be relaxed or eliminated in RICO cases, which would help advance the remedial aims of the RICO statute. Actual methods used to measure the various kinds of damages caused to the plaintiff's business by the defendant's actions, however, will probably remain about the same. If a plaintiff's property is damaged or destroyed as a result of a defendant's RICO violation, the traditional measures will most likely be used: the plaintiff will be awarded either the diminution in value or the replacement cost. The RICO treble damages provision does not apply to injury or death. Nevertheless, if the injury or death affected the plaintiff's business or property in some way, it might be possible to recover some damages. Footnotes are provided.
Index Term(s): Civil remedies; Penalty severity rating; Racketeer Influenced and Corrupt Organizations (RICO) Act
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