Legal Question in Criminal Law in New York
Racketeering Influenced Corrupt Organizations Act
Hello, I have an investigative research firm that pertains most often to RICO. However, I was recently sent an email question and am unable to answer as I am not an attorney so I would not want to answer a question I am not as familiar. There is a corporation that violated the RICO statue by doing extortion to collect a debt from a securities attorney's client (this attorney contacted me). He realizes that you have to show a pattern of racketeering and although he knows this corporation uses that tactic consistently he is interested in knowing how it can be alleged in a complaint and then how to prove it. He assumes discovery would prove it during the proceedings. Could you give me an appropriate direction to assist him in? Thank you for your assistance!
1 Answer from Attorneys
Re: Racketeering Influenced Corrupt Organizations Act
Always the confusing part of RICO, the "pattern" requirements have been adjudicated extensively.
In most general terms, you will be required to prove 3-5 separate and distinct criminal acts, knowingly entered into by the defendant with approval of management, in the ordinary course of the defendant's business.
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