Tuesday, December 16, 2008

Summary on RICO and Statute of Limitations

Another summary about RICO. I guess there is a 5 year statute of limitations for crime and a 4 year statute for civil, but I'm sure it can also be based off of a continuing or accruing damages claim, or the discovery that all the damages, are the actual result of RICO. I know I didn't consider this until just recently, and I still believe further discovery will provide evidence that supports my claim and probably proves other links as well. Article summary on RICO is below. As for affecting interstate commerce, I can prove mail theft and problems, phone problems (and I'll bet the FBI or a police agency had the phones tapped at some point, so I could prove that was to serve their own interests and not justice), and I was commuting between Oregon and Washington and there were communications that occured, interstate, regarding me, from NYC to D.C. to Oregon and Washington. As for affecting commerce interstate, I could also point to the fact that the FBI receives government monies which are used interstate and that their obstruction of justice was to protect their financial interests or commerce, and the same with the state. I can also prove that the Internet was used to drag my name through the mud and affect the commerce of the those involved.

RICO Lawyers


Legal Topics > Criminal Law and Police > White Collar Crime > RICO
What is RICO?
RICO stands for the Federal Racketeer Influenced and Corrupt Organization Act. The act passed by congress to stop people engaging in a pattern of criminal activity:

RICO was originally applied to organized crime, as the only way the government could convict mobsters or gangsters
This is a very complicated area of law that is very vague and ambiguous, so Courts have had to interpret what exactly the act is supposed to mean
What is Racketeering?
The term racketeering refers generally to a criminal who uses extortion, loan sharking, bribery or obstruction of justice to further their illegal activities
Usually this person uses some sort of authority or power to illegally persuade others to further his/her interests
Who Can Be Charged with a RICO Violation?
The person must be employed or associated with a criminal enterprise
The person's activities must affect interstate commerce
Just about anything affects interstate commerce ¿ if you use the telephone, internet, railroad, highways, waterways or mail you are using some kind of interstate commerce
The person charged must have participated with the organization through a pattern or racketeering activity
They look at whether this persons actions have the same or similar purpose, results, participants, victims and methods
The statute of limitations (when you can bring a lawsuit) for prosecuting a RICO violation is 5 years for criminal prosecution and 4 years for civil prosecution
Accused of a RICO Violation?
If you are a accused of a RICO violation, you should speak to an attorney to learn more about your rights, your defenses and the complicated legal system.

Victim of a RICO Violation?
If you are a victim of a RICO violation, you should call the police. If there is sufficient evidence, the police will then forward your case to the Attorney General's office to prosecute the person or organization that committed the RICO Violation against you.


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