The Civil Racketeer Influenced and Corrupt Organizations (RICO) Act was signed in 1970 to give the government the ability to prosecute those committing racketeering crimes. Racketeering is typically associated with organized crime.
The process for filing a Civil RICO Act case is the same as filing any other case. If an individual is filing a federal RICO case, they would have to file it in the US District Court. Usually, you could file the case either where you live.
Many states have a mini-RICO, which takes the federal statute and slightly modifies it to accommodate state offenses. Once it is filed, the case becomes like any other civil case and is conducted in accordance with the rules of the civil procedure. For more information about the Michigan Civil RICO Act case process, contact a seasoned lawyer today to get started on your case.
Important Information About the ProcessWhen someone is filing a RICO case, it is important to have an experienced attorney who is knowledgeable about the Michigan Civil RICO Act case process. This is because the RICO Act is a complicated statute that includes many nuances. When filing a case, a person has to establish the pattern of racketeering activity, the individuals involved, and that the business is separate from the people engaged in the criminal activity. This is why it is essential to have legal counsel who understands the Civil RICO Act in Michigan.
If an individual does not draft their initial complaint carefully, the claim will more than likely be thrown out of court. It is imperative that a person's initial complaint is drafted as precisely as possible to avoid facing an early dismissal or challenges to the charge.
Garden Variety FraudA garden variety fraud is the misrepresentation of an individual. An example of garden variety fraud was the Bernie Madoff case. Bernie Madoff misrepresented the people that were in the position to give a return of 10 to 12 percent of their money. He was then using their money to buy stocks.
This is a Ponzi scheme, in which someone sells something they do not have and then pays off the initial investors by taking the money from the second generation of investors to pay the first generation off and then sell to the second generation.
Depending on how successful the individual is at committing a Ponzi scheme, it could take years before other people realize the crime happened.
Court Reluctance to take a Civil RICO Act CaseIn the Bernie Madoff case, the government had tremendous pressure to prosecute him. The smaller the case gets or less clear that there is a misrepresentation or fraud, the more reluctant the government is to get involved because there is a high burden of proof with racketeering cases.
Courts may be reluctant to handle a Civil RICO Act case because an individual is alleging in the indictment of criminal conduct on the part of the people they are listing as the defendants.
The Michigan Civil RICO Act case process is complex, which is why if you are thinking about filing a claim, you should contact an accomplished attorney.