Legal Memorandum: Civil RICO Pleading Requirements

Issue: Under federal law, when pursuing a civil RICO action, what must be pled to survive a Rule 12(b)(6) motion for failure to state a claim?

Area of Law: Litigation & Procedure
Keywords: Civil RICO claims; Pleading requirements; Motion for failure to state a claim
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: Rule 12(b)(6); Rule 9(b)
Date: 11/01/2012

Because civil RICO claims are essentially a certain breed of fraud claim, they must be pled with the increased level of specificity required under Rule 9(b).  American Dental Ass’n v. Cigna Corp., 605 F.3d 1283 (11th Cir. 2010).  Pursuant to this standard, a plaintiff must allege: “(1) the precise statements, documents, or misrepresentations made; (2) the time, place, and person responsible for the statement; (3) the content and manner in which these statements misled the Plaintiffs; and (4) what the defendants gained by the alleged fraud.”  Brooks v. Blue Cross & Blue Shield of Fla., Inc., 116 F.3d 1364, 1380–81 (11th Cir.1997) (applying the requirements to a RICO fraud complaint).  Moreover, the plaintiff must allege facts with respect to each defendant’s participation in the fraud.  Id. at 1381.


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)