- A RICO claim cannot exist in the absence of criminal activity: A RICO claim must be based on violation of one of those crimes listed in section 1961(1).
- RICO addresses a pattern of criminal activity: A RICO claim must be based on criminal activity which should constitute a pattern of criminal activity. A single criminal act, short-term criminal conduct, or criminal actions that bear no relationship to each other will not give rise to a RICO claim.
- The period of limitations on civil RICO claims is four years: There is a four-year statute of limitations on all civil RICO claims. Civil RICO’s statute of limitations begins to run when the victim discovers or reasonably should have discovered its injury.
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