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NYC Civil RICO Lawyers

March 21, 2024 Uncategorized

The Racketeer Influenced and Corruption Organizations Act (RICO) was mainly enacted as a criminal statue, and it is part of a civil provision that is found in Title IX of the Organized Crime Control Act of 1970. Under this section of the act, the court can award a plaintiff up to three times the amount the was requested for damages.

Although this law has been in effect for years, the civil provision is hardly ever used. However, there are lawsuits that are filed and use this provision, which includes rules that were not included in the initial version of the section that addresses organized crime and racketeering.

RICO Law
In 1970, the RICO law was enacted by the United States Congress to cut down on Mafia organizations. The law deals with the defense and prosecution of any person who is a member of organized crime or participates in organized crime activities. Since the law was passed, there have been significant changes made, and it has grown to encompass other organizations, which may include motorcycle gangs as well as corrupt government agencies.

The primary factor that separates RICO law from other crime laws or civil laws is the matter in which it is applied. Instead of pursuing a single criminal act, a prosecutor will look for a routine or pattern of criminal behavior with individuals who are members of a criminal organization.

Racketeering is known as any profitable or economic actions of criminal organizations that use illegal activity. In New York, if an individual is convicted of violating the RICO law, he or she could face significant penalties that may include up to 20 years in prison, costly fines, as well as financial restitution to any victims that were involved. In addition, a conviction will result in the dissolution of the criminal organization.

Federal and state statues explain that there are certain crimes that are considered racketeering. These crimes include drug trafficking, embezzlement, counterfeiting, theft, murder, gambling, fraud, and kidnapping. If an individual is charged and convicted of a RICO violation, and the victim suffered from injuries do to the defendant’s illegal activity, the victim may be able to file a civil lawsuit. These individuals have the right to seek monetary compensation up to three times the damages. In addition, the defendant may also have to pay the plaintiff’s attorney fees for the lawsuit.

In order for plaintiffs to file a successful RICO claim, he or she must prove two factors. These factors are if the plaintiff’s suffered from an injury and his or her property was damaged, and the plaintiff must also prove that the physical harm was due to the defendant’s violation of the RICO law.

When an individual is a defendant is a civil RICO lawsuit, it does not mean that it will result in a criminal conviction. In order to be convicted, a plaintiff is required to prove there was a significant financial loss.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

What are the Components of a RICO Claim?
For an individual to be liable for violating the RICO law, it must be proven that he or she participated in a criminal organization with a known pattern for racketeering. In order to prove this, specific components must apply such as predicate actions, enterprise, and a pattern of racketeering activity.

Enterprise
The first step in a RICO lawsuit is finding the enterprise. An enterprise that is in a RICO lawsuit may be illegitimate or legitimate. In addition, an enterprise may also be broadly tied to a group or corporate organization.

There are also additional technicalities that could include defendant/enterprise determination as well as the important connections to any predicate acts that are typically included in a plaintiff’s plan. With a skilled defense attorney, it could be proven that certain circumstances do not adhere to the conditions of the technicalities.

What are Predicate Acts?
RICO lawsuits also involve predicate acts, which are acts of racketeering that include additional criminal activity. Although there are many crimes that can fall into this category, some include extortion, kickback, bribery, gambling in an illegal manner, money laundering, wire fraud, and mail fraud.

It is also required that a plaintiff proves predicate acts took place in addition to making certain that the actions occurred during the statue of limitation period in New York. A skilled criminal defense attorney will question if the required predicates were present as stated in Rule 9(b) of the Rules of Civil Procedure.

Patterns of Racketeering Activities
In order for a RICO lawsuit to be successful, a pattern where at least two acts occurred that involved racketeering must be proven. In most cases, it is a requirement that the enterprise commit the predicates acts or profits from these actions and uses the funds as an investment into the enterprise.

Continuity
Continuity is another component to a RICO claim. This activity is ongoing and has taken place over a significant amount of time. This could be accomplished in may ways that include when the enterprise conducts business through racketeering.

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