Issue: Under federal law, must a defendant in a civil RICO action have been criminally prosecuted before a plaintiff can pursue the civil action?
Area of Law:
Criminal Law, Litigation & Procedure
Defendant in a civil RICO action; Criminally prosecuted
18 § 1964(c)
A defendant in a civil RICO action need not be criminally prosecuted before a plaintiff asserts a civil claim against that defendant. TA l "Sedima SPRL v. Imrex Co. Inc., 473 U.S.479 (1985)" s "Sedima SPRL v. Imrex Co. Inc. (1985)" c 1 Sedima SPRL v. Imrex Co. Inc.,473 U.S. 479, 493 (1985) (“we can find no support in the statute’s history, its language, or considerations of policy for a requirement that a private treble-damages action under 18 § 1964(c) can proceed only against a defendant who has already been criminally convicted. To the contrary, every indication is that no such requirement exists.”)
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