Civil RICO Lawyers: Expert Prosecution & Defense of Racketeering Claims
Overview of Civil RICO Claims
The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally enacted to combat organized crime, such as the Mafia. However, its scope has expanded significantly, and today, civil RICO claims are a powerful tool for individuals and businesses to seek civil damages and/or redress for a range of illegal activities, including fraud, embezzlement, and extortion. Dynamis has significant experience both bringing and litigating against civil RICO actions. See our recently filed civil RICO against Binance, a large crypto exchange, filed in the District of Massachusetts.
What is a Civil RICO Claim?
While initially aimed at dismantling criminal enterprises, RICO’s civil provisions allow individuals and businesses (and not the Government) to bring lawsuits against parties engaged in a "pattern of racketeering activity." This tool can be a powerful remedy in cases involving fraud, corruption, and other illegal conduct, but it requires meeting stringent legal standards.
Elements of a Civil RICO Claim
To succeed in a civil RICO claim, a plaintiff must prove the following elements:
(a)Existence of an Enterprise:
An enterprise can be any individual, partnership, corporation, association, or other legal entity—formal or informal—that has a common purpose and organizational structure. This can include legitimate businesses used for illegal purposes.
(b) Pattern of Racketeering Activity:
The defendant must have engaged in at least two related acts of racketeering activity (predicate acts) within a 10-year period. Under 18 U.S.C. § 1961, racketeering activity encompasses a broad range of federal and state offenses, including:
Mail fraud (18 U.S.C. § 1341)
Wire fraud (18 U.S.C. § 1343)
Securities fraud (15 U.S.C. § 78j)
Bank fraud (18 U.S.C. § 1344)
Embezzlement from pension and welfare funds
Acts of violence (murder, kidnapping, arson)
Obstruction of justice and witness tampering
(c) Conduct of an Enterprise's Affairs:
The defendant must have conducted or participated in the conduct of the enterprise's affairs through the pattern of racketeering activity. This requires showing the defendant played a role in directing the enterprise's operations.
(d) Injury to Business or Property:
The plaintiff must have suffered concrete injury to their business or property as a direct result of the defendant's RICO violation. Personal injuries (physical or emotional) are not compensable under civil RICO—generally only economic losses qualify.
While the potential rewards of a civil RICO claim are significant, these cases are notoriously complex. Plaintiffs face the burden of proving all elements, including the existence of an enterprise and a pattern of racketeering activity, often requiring substantial evidence and detailed documentation. Courts also scrutinize civil RICO claims closely to prevent misuse of the statute in routine business disputes.
Additionally, RICO claims often involve parallel criminal investigations or proceedings, which can complicate litigation. The involvement of federal agencies or prosecutors may impact the availability of evidence or delay the case’s resolution.
When Should you File a Civil RICO Case
You suffered financial losses due to a pattern of fraud or illegal activity
The defendant committed at least two related predicate acts (mail fraud, wire fraud, securities fraud, bank fraud, etc.) within 10 years
The illegal conduct was part of an ongoing enterprise or business operation
You can document concrete injury to your business or property
Common scenarios for RICO lawsuits include:
Securities fraud schemes involving false financial statements or misrepresentations to investors
Ponzi schemes and investment fraud
Corporate embezzlement and theft involving multiple transactions
Corporate Fraud: When businesses engage in systematic schemes to defraud investors, competitors, or customers, such as through falsified financial reporting or deceptive marketing practices.
Real estate fraud: Cases involving fraudulent property deals, mortgage schemes, or illegal land-use arrangements.
Healthcare fraud involving systematic billing schemes
Cryptocurrency fraud and digital asset scams
Is Your Case a RICO Claim?
Our attorneys can evaluate your case for free. Contact us today for a confidential consultation.
Defending Against Civil RICO Claims
If you or your business has been accused of RICO violations, you need experienced RICO defense attorneys immediately. Civil RICO allegations carry serious consequences, including:
Treble damages (three times actual damages)
Attorney’s fees for the plaintiff
Reputational harm and business disruption
Potential parallel criminal investigations
Our defense strategy includes:
Challenging whether a genuine "enterprise" exists under RICO
Attacking the alleged "pattern of racketeering activity"
Demonstrating lack of continuity or relatedness between alleged predicate acts
Filing motions to dismiss for failure to plead fraud with particularity
Proving the plaintiff's injuries were not directly caused by the alleged RICO violation
Showing the dispute is merely a contract breach, not racketeering
Many civil RICO claims are improperly brought in routine business disputes. Our attorneys have successfully defended clients by demonstrating that plaintiffs failed to meet RICO's stringent pleading requirements.
Civil RICO Damages: What Can you Recover
The statute of limitations for civil RICO claims is four years from the date you discovered (or reasonably should have discovered) your injury. This is governed by the civil RICO catch-all statute of limitations under 18 U.S.C. § 1964(c).
Critical timing considerations:
The clock starts when you discover the injury and its connection to the RICO violation
Continuing violations may extend the limitations period
Fraudulent concealment may toll the statute of limitations
Each predicate act may have different limitations periods for tolling purposes
Don't wait. If you believe you have a RICO claim, consult with Dynamis attorneys immediately to preserve your rights.
RICO Cases are Complex
While the potential rewards of a civil RICO claim are significant, these cases are notoriously complex and require specialized legal expertise:
Heightened pleading standards: Complaints must satisfy Federal Rule of Civil Procedure 9(b), requiring fraud allegations to be pled with particularity
Extensive discovery: RICO cases often involve voluminous documents, emails, financial records, and expert testimony
Multiple defendants: RICO enterprises typically involve various individuals and entities
Parallel proceedings: Criminal RICO investigations can complicate civil litigation
Judicial skepticism: Courts scrutinize RICO claims to prevent misuse in ordinary business disputes
High proof burden: Establishing a "pattern" requires demonstrating both continuity and relatedness
Courts have repeatedly cautioned against using RICO as a go-to claim in routine contract or fraud disputes. Successful RICO litigation requires attorneys who understand both the substantive law and the strategic considerations unique to these cases.
How Dynamis LLP Can Help
Civil RICO cases require specialized knowledge, significant resources, and aggressive advocacy. Our attorneys have a proven track record in both prosecuting and defending RICO claims:
Experience: We have handled civil and criminal RICO cases involving fraud, embezzlement, securities violations, and corruption
Results: Successful prosecution and defense of RICO claims in federal courts nationwide
Resources: Access to forensic accountants, fraud examiners, and expert witnesses
Strategy: Thorough pre-filing investigation or early dismissal motions to resolve cases efficiently
National practice: Licensed to practice in multiple jurisdictions
For plaintiffs: We thoroughly analyze your case to determine if a RICO claim is viable and develop a litigation strategy to maximize recovery, including treble damages and attorney's fees.
For defendants: We aggressively challenge RICO allegations through motions to dismiss, summary judgment, and trial when necessary. Early intervention can prevent costly discovery and protect your business reputation.
Examples of RICO cases we handle include:
Securities Fraud and Investment Schemes
When businesses or individuals engage in systematic schemes to defraud investors through falsified financial reporting, Ponzi schemes, pump-and-dump stock manipulation, or deceptive offering materials. Our securities fraud RICO attorneys have prosecuted and defended claims involving millions of dollars in investor losses.
Corporate Fraud and Embezzlement
Cases involving employees or executives who conduct patterns of embezzlement, kickback schemes, bid-rigging, or systematic theft from corporations through fraudulent invoicing or expense reimbursements.
Real Estate and Mortgage Fraud
Fraudulent property deals, mortgage fraud schemes, illegal foreclosure practices, title fraud, or systematic schemes involving straw buyers and inflated appraisals.
Healthcare Fraud
Systematic schemes involving fraudulent medical billing, kickbacks to physicians, fake medical clinics, or pharmaceutical fraud affecting insurers and patients.
Cryptocurrency and Digital Asset Fraud
Emerging area of RICO litigation involving crypto exchange fraud, ICO scams, NFT rug pulls, or systematic schemes to manipulate digital asset markets.
Business Competition Cases
Trade secret theft, tortious interference, or systematic schemes by competitors involving bribery, commercial espionage, or corruption of business relationships.
Our rate structure varies by the case:
Contingency fees (typically for plaintiffs): The attorney receives a percentage (typically 33-40%) of any recovery. You pay nothing unless you win.
Hourly rates (typically for defendants): Rates for experienced RICO lawyers such as Dynamis typically range from $600-$1,200 per hour depending on seniority and location.
Hybrid arrangements: Dynamis frequently engages in hybrid representations, whereby we offer reduced hourly rate plus success-based bonus.
Flat fees: For specific phases like motion practice
At Dynamis LLP, with offices in Boston, New York and Miami, we specialize in navigating complex civil litigation in federal and state courts. Our attorneys combine strategic expertise with local knowledge to secure favorable outcomes for clients. Contact attorneys at Dynamis LLP or email civil@dynamisllp.com today for tailored legal representation.
RICO Claims vs. Regular Fraud Lawsuits
Why file a RICO claim instead of common law fraud?
| Feature | Civil RICO | Common Law Fraud |
|---|---|---|
| Damages | Treble damages (3x) + attorney's fees | Actual damages only |
| Proof Required | Pattern of predicate acts (at least 2) | Single fraudulent act |
| Statute of Limitations | 4 years (federal) | Varies by state (often 3-6 years) |
| Venue | Federal court | State or federal court |
| Complexity | High - requires enterprise + pattern | Lower pleading threshold |
The treble damages provision makes RICO claims particularly attractive for large-scale fraud cases, but the stringent requirements mean not every fraud case qualifies as a RICO violation.
Frequently Asked Questions: Civil RICO
What qualifies as a RICO "enterprise"?
Any group—formal or informal—linked by a common purpose and continuing organizational structure. This can include legitimate corporations, partnerships, informal associations, or even groups of individuals acting together. The enterprise must be an ongoing organization with a structure distinct from the pattern of racketeering activity itself.
Do I need two predicate acts to file a RICO claim?
Yes. You must allege at least two related acts of racketeering activity within a 10-year period. However, merely pleading two predicate acts is not enough—you must also establish they form a "pattern" by demonstrating both relatedness (similar purpose, participants, or methods) and continuity (extended period or threat of continued activity).
Can defendants recover attorney fees if they win a RICO case?
Generally no. Unlike plaintiffs who can recover attorney's fees if they prevail, defendants typically cannot recover fees even if they win. However, defendants may seek attorney's fees under Federal Rule of Civil Procedure 11 if the RICO claim was frivolous, unreasonable, or brought in bad faith.
How much does a RICO lawyer cost?
For plaintiffs, many civil RICO attorneys work on contingency (typically 33-40% of recovery), meaning you pay nothing unless you win. For defendants, hourly rates typically range from $400-$800+ per hour. We offer flexible fee arrangements and free initial consultations to discuss your case and budget.
What is the statute of limitations for civil RICO?
The statute of limitations is four years from when you discovered (or should have discovered) your injury and its connection to the RICO violation. However, fraudulent concealment or continuing violations may extend this period. Consult a lawyer immediately to preserve your rights.
Can I sue under RICO in state court?
No. Civil RICO claims under the federal RICO statute (18 U.S.C. § 1964(c)) must be filed in federal district court. However, many states have their own "Little RICO" statutes that can be pursued in state court. Some state RICO laws are broader than federal RICO.
Do I need a criminal conviction to file a civil RICO claim?
No. Civil RICO claims are completely independent from criminal prosecutions. You do not need a prior criminal conviction or even a criminal investigation to file a civil RICO lawsuit. You must prove your case by a preponderance of the evidence (more likely than not), not beyond a reasonable doubt.
Can a corporation be sued under RICO?
Yes. Corporations, LLCs, partnerships, and other business entities can be sued under civil RICO if they conducted or participated in the affairs of an enterprise through a pattern of racketeering activity. Both the entity and individual officers/employees can be named as defendants.
What's the difference between civil RICO and criminal RICO?
Criminal RICO is prosecuted by the government (DOJ) and can result in prison time and fines. Civil RICO is brought by private plaintiffs seeking monetary damages for injuries caused by racketeering activity. Civil RICO offers treble damages and attorney's fees, making it attractive for fraud victims.
Can I file a RICO claim for breach of contract?
Probably not. Courts are skeptical of using RICO in ordinary business disputes. A simple breach of contract does not constitute racketeering. You must allege predicate acts (mail fraud, wire fraud, etc.) that go beyond the breach itself—typically involving affirmative misrepresentations or fraudulent schemes.
What happens if there's a parallel criminal RICO investigation?
If federal prosecutors are investigating or prosecuting criminal RICO charges against the same defendants, your civil case may be stayed (paused) until the criminal case concludes. However, you should file your civil claim within the statute of limitations even if criminal proceedings are ongoing.
Can I recover punitive damages in a RICO case?
RICO's treble damages provision (three times actual damages) essentially serves as a statutory form of punitive damages. Courts have held that you cannot recover additional common law punitive damages on top of RICO's treble damages.
How do I prove "mail fraud" or "wire fraud" as predicate acts?
Mail fraud requires proof that the defendant used U.S. mail to execute a scheme to defraud. Wire fraud requires use of interstate wire communications (phone, email, electronic transfers). Each mailing or wire communication in furtherance of the fraud scheme can constitute a separate predicate act. You must plead these with specificity under Rule 9(b).
What is the "enterprise" element in RICO cases?
The enterprise is the entity or association through which the racketeering activity was conducted. It must have an organizational structure, though it can be informal. The enterprise must be distinct from the pattern of racketeering activity itself—it's the vehicle used to commit the pattern, not the pattern itself.
Can I bring a RICO claim as part of a class action?
Yes. RICO claims can be brought as class actions under Federal Rule of Civil Procedure 23 if the requirements for class certification are met. This is common in securities fraud and consumer fraud cases where many victims suffered similar injuries from the same racketeering scheme.
Should I file RICO claims along with other causes of action?
Yes, typically. Most RICO complaints also plead alternative claims such as common law fraud, breach of fiduciary duty, unjust enrichment, or state law violations. This protects your case if the RICO claims are dismissed and provides multiple paths to recovery.
Contact us
Boston RICO Lawyers
Our Boston office handles civil RICO litigation throughout Massachusetts, New England and nationwide. Our attorneys regularly practice in the U.S. District Court for the District of Massachusetts, including both the Boston and Worcester divisions. We have prosecuted significant RICO claims involving securities fraud, cryptocurrency schemes, and corporate embezzlement in federal court.
New York RICO Attorneys
Our New York office represents clients in complex civil RICO matters in the Southern District of New York (SDNY), Eastern District of New York (EDNY), and throughout the Second Circuit as well as nationwide. New York's status as a financial center means we frequently handle RICO claims involving securities fraud, banking fraud, and investment schemes.
Miami RICO Lawyers
Our Miami office handles civil RICO litigation in the Southern District of Florida and throughout Florida state courts. We have particular experience with real estate fraud RICO claims, healthcare fraud schemes, and cryptocurrency-related racketeering cases prevalent in South Florida and beyond.
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United States v. Aiello: EDNY illegal poker indictment.