Civil RICO Practice Manual, Third Edition

Civil RICO Practice Manual, Third Edition, serves as the single, most comprehensive resource to which attorneys for plaintiffs and defendants, judges, professors and students turn for information encompassing the full array of issues relating to RICO. An analytic and practical resource of high value to any attorney practicing in this area, Civil RICO Practice Manual provides comprehensive coverage of the Act and its various judicial interpretations, while at the same time taking the litigator through all aspects of RICO-based litigation—from the complaint, through trial and appeal.

This unique resource also supplies the forms and models you need to practice confidently—and efficiently—every step of the way. Only Civil RICO Practice Manual:

• Helps you determine whether there is a successful RICO claim
• Provides model complaints and other forms you need to prosecute or defend a claim
• Keeps you completely current with the latest applications or bases for civil RICO claims including copyright infringement
• Delivers the latest case law and analysis on RICO, including U.S. Supreme Court cases
• Facilitates your understanding of special issues unique to civil RICO , including the Person/Enterprise standard, which holds persons employed by the enterprise responsible for damages caused by prohibited RICO activities

This new Third Edition of Civil RICO Practice Manual adds an important dimension: a meaningful discussion of the criminal uses and scope of RICO. The language of the RICO statute applies equally to civil cases and criminal indictments. As a result, U.S. Supreme Court and appellate decisions rendered in criminal RICO cases almost invariably have meaning for civil racketeering litigation.

Civil RICO Practice Manual, Third Edition provides civil practitioners the insight you need regarding the criminal elements of a RICO claim. This powerful resource offers:

• An entire new chapter on criminal RICO claims
• A new Model criminal RICO indictment, providing an ideal benchmark for a plaintiff who must structure, prepare and present a civil racketeering complaint
• And more!

PART I

INTRODUCTION AND OVERVIEW

THE STATUTORY BACKGROUND: BASIC CONCEPTS AND THE ENIGMATIC LEGISLATIVE HISTORY

THE OFFENSIVE USE OF RICO

DEFENSES TO CIVIL RICO

THE PROCEDURAL DIMENSIONS OF CIVIL RICO LITIGATION: FROM DISCOVERY PRACTICES THROUGH APPEAL

SPECIAL PROBLEMS OF CIVIL RICO CASES

THE CRIMINAL USES OF RICO AND THEIR RELATION TO CIVIL RACKETEERING LITIGATION

PART II

RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS ACT

FORMS:

• Model Civil RICO Complaint
• Model Civil RICO Complaint Number Two
• Model RICO Indictment
• RICO Standing Order for Certain Pretrial Matters
• Initial Scheduling Order For Civil RICO Litigation
• Confidentiality and Protective Order for Civil RICO Litigation
• Model Notice of Motion in Support of Defense Motion to Dismiss for Civil RICO Deficiencies
• Model Memorandum of Law in Support of Defense Motion to Dismiss For Civil RICO Deficiencies
• Model Plaintiff’s Memorandum of Law in Opposition to Motion to Dismiss
• Model Reply Memorandum of Law in Further Support of Motion to Dismiss
• Pattern Jury Instructions in Civil RICO Litigation
• Settlement Agreement for Complex Civil RICO Litigation

TABLE OF CASES

INDEX