Legal Question in Business Law in California
wiertap
to bring legal seccessful leagal action againts wiertap for civil rico, what do they need to prove
1 Answer from Attorneys
Re: wiertap
In order for a plaintiff to prevail in a civil lawsuit alleging "Civil RICO" (RICO standing for "Racketeer-Influenced and Corrupt Organization") it is usually necessary to show a pattern of illegal, corrupt or fraudulent practices by a single defendant organization. At least two instances of the same kind of corrupt behavior need to be shown.
Wiretapping is illegal except in particular circumstances (such as where authorized by a judge's warrant), and if an organization such as, perhaps, an insurance company or a real-estate broker were using illegal wiretaps in repeated instances to gain access to confidential information for its own profit motives, that would probably satisfy the requirements for a successful Civil RICO suit.
Civil RICO actions have some technical pleading anf proof requirements not covered here, but this gives you the basics.