RICO is a common claim in business litigation as RICO allegations, if successful, allow plaintiffs to obtain treble damages (or triple damages) and attorney fees. RICO claims are alleged most commonly when litigants believe they have been defrauded. Because courts are reluctant to allow RICO claims to succeed when only “garden-variety” fraud is alleged, and the Federal Rule of Civil Procedure 9(b) requires that fraud claims be alleged with particularity, many civil RICO claims based on fraud violations are easily dismissed. Therefore, you will want to contact an experienced RICO litigator as soon as you think you may have a case.
A Civil RICO lawyer will work to ensure your civil RICO claim is not filed unless it involves the kind of organizational fraud and it has the sufficient amount of particularity required to avoid dismissal. That attorney should also be equally competent in identifying flaws in proposed civil RICO pleadings and in seeking dismissal of such claims if that is your goal or desire.
Many sustainable civil RICO claims are complex cases which involved a pattern of racketeering activity which continued over many years and that involved multiple entities and defendants. Because of their complexity, these cases are commonly litigated by multiple law firms. Many law firms that wish to consider pursuing such cases, but perhaps lack the specific know-how and insight needed for these multifarious cases, could be well-served by partnering with a more experienced and qualified RICO civil litigator.
Our firm can provide keen insight and dedication involving the RICO claims in such litigation, which may enable a plaintiff to successfully litigate the claim, as well as provide the potential for a civil RICO defendant to successfully dismiss and defeat any civil RICO claims. For example, if the RICO “person” is a corporate entity and the proposed enterprise is that same entity or an association in fact of that entity and its officers and employees, the proposed defendant may not be “distinct” from the proposed enterprise and the RICO claim could be subject to dismissal. A dedicated civil RICO attorney will be able to provide this particularly focused and invaluable advice and assistance at a reasonable cost to a co-partner law firm’s clients, making that attorney an ideal partner in pursuing and defending against civil RICO claims.
A dedicated civil RICO attorney will first conduct an extensive factual case analysis to determine whether predicate crimes exist and whether other specific RICO requirements are met through a number of ways, including interviews and review of all documentation. He will also draft a complaint and an amended complaint on your behalf and, after filing your civil case, will conduct discovery, which includes drafting requests for documents, subpoenas to third-party providers, conducting depositions, and drafting motions to compel. As your case progresses, your civil RICO lawyer will continue to review all of the pertinent documents to determine support for RICO claims throughout the proceedings, including the summary judgment stage and at trial. And he will assist in drafting any class action allegations and provide legal support for certification of class action, if such allegations are applicable.
Being named a defendant in a civil RICO claim is a serious matter that will require the attention of a well-qualified civil RICO lawyer. A civil RICO lawyer can offer the kind of valuable experience with civil RICO litigation that will provide any client with the peace of mind that comes from knowing you have retained an attorney who is passionate and knowledgeable, and who will draw on their many years of litigation experience to craft the strongest possible defense. Though no attorney can promise you victory in the courtroom, or a dismissal of the suit filed against you, you can take comfort in knowing that the clients who retain experienced and quality counsel are more likely to achieve positive results.
If hired after the filing of a complaint, or after you have been named in a RICO claim or civil suit, a dedicated civil RICO lawyer will review factual information regarding the claim that includes any agreements, contracts, and other documents that may apply to your case. He will also review the RICO complaint itself to determine whether the complaint on its face complies with Rule 8 and Rule 9 (when fraud is alleged) and to determine whether elements of the RICO offense are sufficiently pleaded. As part of this process, your civil RICO lawyer will draft a motion to dismiss the RICO claims, and he will conduct an aggressive defense of the civil RICO claim, to the extent it is not dismissed.
The attorneys who prosecute criminal RICO cases through the US Department of Justice, and the lawyers retained to represent a plaintiff pursuing you for a civil claim, typically have extensive resources and copious amounts of time to pursue these cases. You will need an equally deft and committed RICO attorney to fight for your legal rights and your reputation.
Whether you are considering filing a civil RICO claim, or you have been named as a defendant in a civil RICO suit, you should contact the offices of a Civil RICO lawyer for a free case evaluation. Civil RICO lawyers can take the time to not only explain the process involved in pursuing and defending against civil RICO claims, they can also help prepare you mentally and emotionally for the myriad of challenges that civil RICO litigation present. Time is a factor in civil RICO claims, therefore you should contact a well-qualified civil RICO lawyer as soon as possible.