A RICO claim cannot exist in the absence of criminal activity.
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Do You Have A RICO Claim?
The simplest way to put this concept is: no crime – no RICO violation. This rule applies even in the context of civil RICO claims. Every RICO claim must be based upon a violation of one of the crimes listed in 18 U.S.C. § 1961(1). The RICO Act refers to such criminal activity as racketeering activity. RICO claims cannot be based upon breach of contract, broken promises, negligence, defective product design, failed business transactions, or any number of other factual scenarios that may give rise to other claims under the common law. This being said, a RICO claim can be based upon violations of the criminal mail and wire fraud statutes. The mail and wire fraud statutes are very broad. If a RICO claim is based only upon violations of the mail or wire fraud statutes, however, courts are likely to subject the claims to stricter scrutiny. Courts look more favorably upon RICO claims based upon true criminal behavior, such as bribery, kickbacks, extortion, obstruction of justice, and clearly criminal schemes that are advanced by the use of the mails and wires.
RICO addresses long-term, not one-shot, criminal activity.
Not only must a RICO claim be based upon criminal activity, but the criminal acts must constitute a pattern of criminal activity. A single criminal act, short-term criminal conduct, or criminal actions that bear no relationship to each other will not give rise to a RICO claim. The United States Supreme Court has ruled that criminal actions constitute a pattern only if they are related and continuous. In order to be related, the criminal acts must involve the same victims, have the same methods of commission, involve the same participants, or be related in some other fashion. A pattern may be sufficiently continuous if the criminal actions occurred over a substantial period of time or posed a threat of indefinite duration. The former patterns are referred to as closed-ended patterns; the latter patterns are referred to as open-ended patterns. Accordingly, even if you have been injured by a criminal act, you will not have a RICO claim unless that criminal act is part of a larger pattern of
criminal activity.
criminal activity.
Your claim may be barred by the statute of limitations…
if you discovered or reasonably should have discovered your injury four or more years ago.
Many people are mistaken that civil RICO claims are not subject to a statute of limitations. True, Congress failed to include a statute of limitations when it passed the RICO Act, but the United States Supreme Court has remedied that oversight and imposed a four-year statute of limitations on all civil RICO claims. Civil RICO’s statute of limitations begins to run when the victim discovers or reasonably should have discovered his injury. Many people also believe that the statute of limitations is reset every time a new criminal act is committed – this is not true. Once a victim is aware or should be aware of his injury, the victim has four years to discover the remaining elements of his claim and bring suit. A victim cannot sit on his rights and refrain from filing suit in the face of known injuries. That being said, however, there are several equitable doctrines that may toll or suspend the running of the statute of limitations. If a defendant fraudulently conceals facts that are essential to the victim’s ability to purse his rights, the running of the statute of limitations may be tolled. In addition, acts of duress, such as if you sue me, I’ll kill you, may toll the running of the statute of limitations. All tolling doctrines are based upon whether it is fair, under the circumstances, to bar the victim’s claims on the basis of the running of the statute of limitations. Also, if a defendant engages in a new pattern of racketeering, that causes new and independent injuries, a new limitations period may apply to those new and independent injuries.
Of course, the foregoing are merely general considerations and you should consult with an attorney to determine whether the facts of your particular case give rise to a RICO claim.
In order to obtain a preliminary case evaluation, please provide responses to the questions on the form found in the link below. These questions are adapted from the RICO Case Statement that generally must be filed with the United States District Court in each case.
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons.
A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case.
Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case.
Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him.
You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours.
I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case.
A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally.
If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!
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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."
David Bruce"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."
Rowlin Garcia"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."
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