Civil RICO: Points to Remember we have and are looking for more information against Dealer Services Corporation, if you have been damaged contact Michael Grissom @ 818 749 3288 or e mail email@example.com
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Federal Witness
and Qualified Criminal Investigator
1. The Civil RICO statute at 18 U.S.C. 1964 expressly authorizes civil remedies, in addition to any criminal remedies that also exist to prosecute organized crime.
2. State courts have original jurisdiction to enforce the Civil RICO statute at 18 U.S.C. 1964. See Tafflin v. Levitt and Lou v. Belzberg, Rice v. Janovich and Village at Camelback v. Carr.
3. The Civil Case Cover Sheet for the Superior Court of California shows "RICO" as a standard case category.
4. A pattern of racketeering is expressly defined to mean only two (2) RICO "predicate acts" during any given 10-year period. See 18 U.S.C. 1961(5).
5. The federal statute at 18 U.S.C. 1961 itemizes all RICO predicate acts. The most common are mail fraud, extortion, obstruction of justice, obstruction of a criminal investigation, and witness tampering or retaliation.
6. Violations of State and federal laws both qualify as RICO predicate acts. 18 U.S.C. 1961(1)(B) itemizes a long list of federal offenses that qualify as predicate acts.
7. Any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, obscene matter, controlled substances or extortion is also a RICO predicate act, if it is chargeable under State law and punishable by imprisonment for more than one year. See 18 U.S.C. 1961(1)(A).
8. The Supremacy Clause in the U.S. Constitution elevates all RICO statutes to the status of supreme Law, and resolves any conflicts with State laws in favor of the RICO statutes. Whenever conflicts occur, State laws and State constitutional provisions have no standing ("notwithstanding").
9. Congress intended the RICO statutes to be liberally construed. See 84 Stat. 947, Sec. 904, Oct. 15, 1970. However, this liberal construction rule was never codified anywhere in Title 18 of the U.S. Code, even though Title 18 has been enacted into positive law by Act of Congress.
10. A specific Congressional objective is encouraging civil litigation to supplement government efforts to deter and penalize the practices prohibited by the RICO statutes.
11. Another objective of Civil RICO is to turn victims into prosecutors, "private attorneys general", dedicated to eliminating racketeering activity. See Rotella v. Wood.
12. Civil RICO specifically has a further purpose of encouraging potential private plaintiffs to investigate diligently. Rotella v. Wood.
13. Organized crime is a serious national problem for which public prosecutorial resources are deemed inadequate. See Agency Holding Corp. v. Malley-Duff & Associates.
14. Civil RICO authorizes triple damages (3x) to be awarded to successful private plaintiffs. See 18 U.S.C. 1964(c).
15. The provision for triple damages is justified by the expected benefit of suppressing racketeering activity, an object pursued the sooner the better. Rotella v. Wood.
16. The "private attorney general" concept holds that a successful private party plaintiff is also entitled to recovery of his legal expenses, including attorney fees, if he has advanced the policy inherent in public interest legislation on behalf of a significant class of persons. Dasher v. Housing Authority of City of Atlanta.
17. A private attorney general may appear in court without the license to practice law that is required of all State Bar members. See sections 6067 and 6068 of the California Business and Professions Code.
18. A private attorney general may appear in court "ex rel." on behalf of the "United States" (i.e. the federal government), the State of California, the People of California or the People of the United States of America. Confer at "Ex relatione" in Black's Law Dictionary, Sixth Edition.
19. Civil RICO statutes are supplemented by 2 Human Rights Treaties ""- the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights ""- both of which are rendered supreme Law by virtue of the Supremacy Clause (just like the Bill of Rights).
20. The latter Covenant's Reservations enacted by Congress expressly reserve original jurisdiction to State and local governments, to the end that their competent authorities may take appropriate measures for the fulfillment of the Covenant.
RICO CASE STATEMENT
1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. 1962(a,b,c and/or d).
2. List the defendants and state the alleged misconduct and basis of liability of each defendant.
3. List alleged wrongdoers, other than the defendants listed above, and state the alleged misconduct of each wrongdoer.
4. List the alleged victims and state how each victim was allegedly injured.
5. Describe in detail the pattern of racketeering activities or collection of unlawful debts alleged for each RICO claim. The description of the pattern of racketeering shall include the following information:
a. List the alleged predicate acts and the specific statutes that were allegedly violated;
b. Provide the date of each predicate act, the participants in each predicate act, and a description of the facts constituting each predicate act;
c. If the RICO claim is based on the predicate offenses of wire fraud, mail fraud, or fraud in the sale of securities, the "circumstances constituting fraud or mistake shall be statedwith particularity." Fed. R. Civ. P. 9(b). Identify the time, place and substance of the alleged misrepresentations, and the identity of persons to whom and by whom the alleged misrepresentations were made;
d. State whether there has been a criminal conviction for violation of any predicate act;
e. State whether civil litigation has resulted in a judgment with regard to any
f. Describe how the predicate act forms a "pattern of racketeering activity;" and
g. State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe the alleged relationship and common plan in detail.
6. Describe in detail the alleged "enterprise" for each RICO claim. A description of the enterprise shall include the following: (a) state the name of the individuals, partnerships, corporations, associations, or other legal entities, which allegedly constitute the enterprise; (b) a description of the structure, purpose, function and course of conduct of the enterprise; Â© a statement of whether any defendants are employees, officers or directors of the alleged enterprise; (d) a statement of whether any defendants are associated with the alleged enterprise; (e) a statement of whether plaintiff is alleging that the defendants are individuals or entities separate from the alleged enterprise or that the defendants are the enterprise itself, or members of the enterprise; (f) if any defendants are alleged to be the enterprise itself, or members of the enterprise, an explanation of whether such defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity.
7. State and describe in detail whether plaintiff is alleging that the pattern of racketeering activity and the enterprise are separate or have merged into one entity.
8. Describe the alleged relationship between the activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the usual daily activities of the enterprise, if at all.
9. Describe what benefits, if any, the alleged enterprise receives from the alleged pattern of racketeering.
10. Describe the effect of the activities of the enterprise on interstate or foreign commerce.
11. If the complaint alleges a violation of 18 U.S.C. 1962(a), provide the following: (a) state who received the income derived from the pattern of racketeering activity or through the collection of unlawful debt; and (b) describe the use or investment of such income.
12. If the complaint alleges a violation of 18 U.S.C. 1962(b), describe in detail the acquisition of maintenance of any interest in or control of the alleged enterprise.
13. If the complaint alleges a violation of 18 U.S.C. 1962(c), provide the following: (a) state who is employed by or associated with the alleged enterprise, and (b) state whether the same entity is both the liable "person" and the "enterprise" under 18 U.S.C. 1962(c).
14. If the complaint alleges a violation of 18 U.S.C. 1962(d), describe in detail the facts showing the existence of the alleged conspiracy.
15. Describe the alleged injury to business or property.
16. Describe the direct casual relationship between the alleged injury and the violation of the RICO statute.
17. List the damages sustained by reason of the violation of 18 U.S.C. 1962, indicating the amount for which each defendant is allegedly liable.
18. List all other federal causes of action, if any, and provide the relevant statute numbers.
19. List all pendent state claims, if any.
20. Provide any additional information that you feel would be helpful to the court in processing your RICO claims.