Legal Memorandum: Failure to File a RICO Claim in IN

Issue: In Indiana What Constitutes a Failure to File a RICO Claim?

Area of Law: Criminal Law, Litigation & Procedure
Keywords: RICO action; Statutory penalties; Statute of limitations
Jurisdiction: Indiana
Cited Cases: 656 F.Supp. 950
Cited Statutes: 18 U.S.C. §1961; I.C. § 34-1-2-2
Date: 02/01/2000

Failing to bring a “RICO action” is based on 18 U.S.C. §1961. 

Civil RICO claims brought in federal courts sitting in Indiana are now uniformly characterized as claims for statutory penalties and the two (2) year statute of limitations ‘for forfeiture of penalty given by statute’ is the most analogous state statute of limitations.  I.C. § 34-1-2-2.

 Ashland Oil, Inc. v. Arnett (U.S.D.C., N.D. Ind., 1987) 656 F.Supp. 950, 953.


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