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  1. 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).
  2. 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.
  3. The period of limitations on civil RICO claims is four yearsThere 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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