What are the elements of a RICO claim?

MultiRegion, United States of America

The following excerpt is from Carino v. Standard Pac. Corp., No. 2:09-cv-02005-KJM-AC (E.D. Cal. 2014):

Under 18 U.S.C. 1962(c), it is unlawful "for any person employed by or associated with any enterprise . . . to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity." "Racketeering activity" is defined as any one of certain "generically specified criminal acts as well as the commission of one of a number of listed predicate offenses." Sosa v. Directv, Inc., 437 F.3d 923, 939 (9th Cir. 2006).

Although section 1962 defines a crime, a plaintiff may seek civil remedies for RICO violations if he has been "injured in his business or property by reason of a violation of section 1962 . . . ." 18 U.S.C. 1964(c). The elements of a RICO claim are "(1) conduct; (2) of an enterprise; (3) through a pattern (4) of racketeering activities (known as 'predicate acts'); (5) causing injury to the plaintiffs 'business or property.'" Grimmett v. Brown, 75 F.3d 506, 510 (9th Cir. 1996).

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