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Re: YanksGhost post# 531095

Sunday, 06/02/2019 3:07:08 PM

Sunday, June 02, 2019 3:07:08 PM

Post# of 795732
I apologize, i was referring to the "Criminal RICO," not the "Civil RICO." They are not "Charges" it is a civil remedy. However, i still don't think there is a viable RICO option. Here are the elements of a CIVIL RICO action." A plaintiff must show:

Criminal Activity. You must show that the defendant committed one of the enumerated RICO crimes, which include the broad crimes of mail and wire fraud. If you bring a claim on a fraud basis, however, the court will apply strict scrutiny.

Pattern of Criminal Activity. One crime is not enough. You have to show a pattern of at least two crimes. A pattern requires the crimes be related in some way—same victim, same methods, same participants—or continuous, meaning it was conducted over at least a year.

Within the Statute of Limitations. The Supreme Court held that RICO has a four-year statute of limitations, which begins tolling from the time the victim discovers his or her damages.

How can you get over the statute of limitations issue? I believe contract law is the better approach.