Civil RICO Litigation: Key Issues and Considerations

by David R. Singh, Weil, Gotshal & Manges LLP, with Practical Law Litigation

A Practice Note examining key issues counsel should consider when litigating private civil actions under the Racketeering Influenced and Corrupt Organizations Act (RICO). This Practice Note explains the basic elements of a civil RICO claim, the various types of claims available, and the specific standing and pleading requirements for plaintiffs. It provides an overview of the generous remedies available, including treble damages, which make these actions a significant risk for corporations. This resource also explores common defenses, the complexities of the statute of limitations, and special considerations for RICO class actions, which can be particularly difficult to certify. Additionally, this Practice Note addresses commonly invoked predicate acts, such as mail and wire fraud, and discusses the nuanced issues relating to the extraterritorial application of the civil RICO statute. This Practice Note is designed to guide counsel through the potential pitfalls of this exceedingly complex area of federal litigation.