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Use and abuse of civil RICO charges in commercial litigation

March 24, 2016 | Author: | Posted in law

Use and abuse of civil RICO charges in commercial litigation

The Racketeer -Influenced and Corrupt Organizations Act also known as the RICO Act . RICO was part of a package known as the Organized Crime Control Act of 1970 and was by Robert Blakey . A pattern of racketeering is two or more violations within a ten year period of state and federal laws (See RICO act . Wikipedia , the Free Encyclopedia .RICO changed the focus from prosecuting individual criminals to prosecuting individuals who committed crimes which benefited “corrupt ” organizations -such as crime families .RICO [banner_entry_middle]

, a powerful tool for the government and a threat to our civil rights . RICO is based on two concepts : Racketeering and establishing a criminal enterprise . A criminal enterprise was any group that us associated in fact and whose members committed crimes for group purposes . A racketeering pattern was two or more violations of state and federal laws regarding murder , kidnapping , hijacking , extortion , fraud and several other crimes . However , this Act also has abuses

The Recording Industry Association of America (RIAA ) has sued close to 15 ,000 sharers in the United States since the group started its campaign against illegal sharing in 2003 .Among those sued are university students , kids , unaware parents , senior citizens and even a dead woman . So as you can imagine , the RIAA doesn ‘t really mind who gets sued , as long as the message is spread . However , the entire setup of these lawsuits is strange to say the least and the actual evidence has been doubted by many lawyers and experts as being enough to sustain a lawsuit . One woman , Tanya Andersen , has just counter-sued the RIAA for Oregon RICO violations , fraud , invasion of privacy , abuse of process electronic trespass , violation of the Computer Fraud and Abuse Act negligent misrepresentation , the tort of “outrage , and deceptive business practices . Andersen , 42 , a disabled mother , lives alone with her eight-year-old daughter . She is demanding a trial by jury , not willing to give into the lawsuit . Represented by Lory Lybeck of Lybeck Murphy in Oregon , Andersen decided she wasn ‘t going to be bullied into paying an extortionate charge to a blackmail center acting for the major record labels (See Lawsuit victim sues RIAA under RICO Act Afterdawn .com . The other abuse is about the Catholic bishops sued under RICO Act . Three men , including a Roman Catholic priest , d suit recently against the U .S . Catholic bishops , charging them with obstruction of justice and racketeering in their response to allegations of sexual abuse . The three said they had been sexually abused as children by two Catholic priests , also named as principal defendants in the suit . The priest-defendants are Joseph H . McGarvey , a priest on leave from the Diocese of Camden , and William C . O ‘Connell , a retired priest in Providence , Rhode Island , who has previously been convicted of sexually molesting minors . The suit , d June 10 in federal court in Camden , New Jersey , is believed to be the first brought by a Catholic priest against bishops… [banner_entry_footer]

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