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|
|Keywords:||Defendant in a civil RICO action; Criminally prosecuted|
|Cited Statutes:||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.”)