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Primer on RICO including Definitions

Primer on RICO including Definitions

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Published by johngaultwhoam
This discussion centers on Nevada' racketeering statutes for easy assimilation by the novice. It's the poster's opinion these acts describe those of MERS and its members.
This discussion centers on Nevada' racketeering statutes for easy assimilation by the novice. It's the poster's opinion these acts describe those of MERS and its members.

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Published by: johngaultwhoam on Oct 03, 2011
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ELEMENTSIt is unlawful for a person:Who has with criminal intent received any proceeds derived, directly orindirectly, from racketeering activity to use or invest, whether directly orindirectly, any part of the proceeds, or the proceeds derived from theinvestment or use thereof, in the acquisition of:Any title to or any right, interest or equity in real property; orAny interest in or the establishment or operation of any enterprise.Through racketeering activity to acquire or maintain, directly or indirectly,any interest in or control of any enterprise.Who is employed by or associated with any enterprise to conduct orparticipate, directly or indirectly, in:The affairs of the enterprise through racketeering activity; orRacketeering activity through the affairs of the enterprise.Intentionally to organize, manage, direct, supervise or finance a criminalsyndicate.Knowingly to incite or induce others to engage in violence or intimidationto promote or further the criminal objectives of the criminal syndicate.To furnish advice, assistance or direction in the conduct, financing ormanagement of the affairs of the criminal syndicate with the intent to promoteor further the criminal objectives of the syndicate.Intentionally to promote or further the criminal objectives of a criminalsyndicate by inducing the commission of an act or the omission of an actby a public officer or employee which violates his official duty.To conspire to violate any of the provisions of this section.NRS 207.400IMPORTANT DEFINITIONS“Criminal syndicate” means any combination of persons, so structured thatthe organization will continue its operation even if individual membersenter or leave the organization, which engages in or has the purpose ofengaging in racketeering activity.NRS 207.370“Racketeering activity” means engaging in at least two crimes related tracketeering that have the same or similar pattern, intents, results,accomplices, victims or methods of commission, or are otherwise interrelatedby distinguishing characteristics and are not isolated incidents, if atleast one of the incidents occurred after July 1, 1983,and the last of the incidents occurred within 5 years after a priorcommission of a crime related to racketeering.NRS 207.390“Crime related to racketeering” defined.“Crime related to racketeering” means the commission of, attempt to commitor conspiracy to commit any of the following crimes:Murder;Manslaughter, except vehicular manslaughter as described in NRS 484.3775;Mayhem;
 
Battery which is punished as a felony;Kidnapping;Sexual assault;Arson;Robbery;Taking property from another under circumstances not amounting to robbery;Extortion;Statutory sexual seduction;Extortionate collection of debt in violation of NRS 205.322;Forgery;Burglary;Grand larceny;Bribery or asking for or receiving a bribe in violation of chapter 197 or199 of NRS which is punished as a felony;Battery with intent to commit a crime in violation of NRS 200.400;Assault with a deadly weapon;[Controlled substances]Any violation of NRS 453.232, 453.316 to 453.3395,inclusive, or 453.375 to 453.401, inclusive;Receiving or transferring a stolen vehicle;[Firearms and weapons] Any violation of NRS 202.260 [Unlawful possession,manufacture or disposition of explosive or incendiary device], 202.275[Possession, manufacture or disposition of short-barreled rifle orshort-barreled shotgun] or 202.350 [Manufact weapon without permit]which ispunished as a felony;[Gaming] Any violation of subsection 2 or 3 of NRS 463.360 [related to gaming]or chapter 465 of NRS [crimes and liabilities concerning gaming];Receiving, possessing or withholding stolen goods valued at $250 or more;Embezzlement of money or property valued at $250 or more;Obtaining possession of money or property valued at $250 or more,or obtaining a signature by means of false pretenses;Perjury or subornation of perjury;Offering false evidence;[Prostitution] Any violation of NRS 201.300 [Pandering in relation toprostitution] or 201.360 [Placing person in house of prostitution];[Specific Fraudulent Acts] Any violation of NRS 90.570 [fraudulentpractices in relation to the sale of securites], 91.230[Fraudulent conduct in relation to commodities] or 686A.290 [insurance fraud],or insurance fraud pursuant to NRS 686A.291;Example CasesAllum v. Valley Bank, 109 Nev. 280, 849 P.2d 297, 299 (1993)
 
Hale v. Burkhardt, 104 Nev. 632, 642, 764 P.2d 866, 872 (1988).Siragusa v. Brown, 114 Nev. 1384, 1393-94, 971 P.2d 801, 810 (1998).ProofDamagesGeneral damages rulesHaving reviewed the Nevada statutory scheme as well as federal courtinterpretations of RICO, we conclude that for a plaintiff to recover underNevada RICO, three conditions must be met:1) the plaintiff's injury must flow from the defendant's violation ofa predicate Nevada RICO act;2) the injury must be proximately caused by the defendant's violation ofthe predicate act; and3) the plaintiff must not have participated in the commission of thepredicate act.Allum v. Valley Bank, 109 Nev. 280, 283 849 P.2d 297, 299 (1993)Treble damagesNevada's racketeering statutes provide a private right of action for trebledamages to “[a]ny person who is injured in his business or property byreason of any violation of NRS 207.400.”Stoddart v. Miller, Case Nos. 42133, 42234, 2008 WL 6070835, *5 (Nev. 2008).accrual of damages, statute of limitationsIn Massey v. Litton, 99 Nev. 723, 727, 669 P.2d 248, 251 (1983) we heldthat the term "injury" as used in a medical malpractice statute encompassed"legal injury."—that is, "both the fact of damage suffered and the realizationthat the cause was the health care provider's negligence." Likewise, weconclude that the term "injury" as used in NRS 207.520 encompasses discoveryof both an injury and the cause of that injury, in this case Brown's allegedracketeering activity. See Penuel v. Titan/Value Equities Group, Inc., 127Or.App. 195, 872 P.2d 28, 31 (Or.Ct.App.1994) (holding that a state RICOcause of action accrues under Oregon's five year statute of limitationswhen the claimants discovered or in the exercise of reasonable diligenceshould have discovered that they had been damaged and the cause of theirdamages and concluding that such determinations were factual). We concludethat such factual determinations cannot be made as a matter of law. To theextent that the district court based its decision to dismiss Joanne'sNevada RICO claims on the statute of limitations, it erred.Siragusa v. Brown, 114 Nev. 1384, 1393-94, 971 P.2d 801, 812 (1998).DefensesPlaintiff's participationThe plaintiff must not have participated in the commission of the predicateact.Allum v. Valley Bank, 109 Nev. 280, 849 P.2d 297, 299 (1993); NRS 207.360Pleading StandardsSpecificity in pleadingcivil racketeering claims must be pled with specificity. Id. at 637-38, 764

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