Civil Rico Case Statement

1. Is the alleged unlawful conduct is in violation of 18 U.S.C. §§ 1962(a), (b), (c), and/or (d)? 2. What is the enterprise in detail? The description of the enterprise must include all of these: (a) state the names of the individuals, partnerships, corporations, associations, or other entities allegedly constituting the enterprise; (b) describe the structure, purpose, roles, function, and course of conduct of the enterprise; (c) state whether any defendants are employees, officers, or directors of the alleged enterprise; (d) state whether any defendants are associated with the alleged enterprise, and, if so, how; (e) explain how each defendant participated in the direction of the affairs of the enterprise; (f) state whether you allege [(i) that the defendants are individuals or entities separate from the alleged enterprise, or (ii) that the defendants are the enterprise itself, or (iii) that the defendants are members of the enterprise]; and (g) explain, if you allege any defendants to be the enterprise itself or members of the enterprise, whether such defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity. 3. Who or what are the defendant “persons” in detail? 4. Are there any other alleged wrondoers or persons not named as defendants? 5. What is the “pattern of racketeering activities” or “collection of unlawful debts” in detail for the alleged RICO offenses? The description for alleged for each RICO claim. The description of the pattern of racketeering activity must include all of these: (a) A list of the alleged predicate acts and the specific statutes allegedly violated; (b) The date and time if applicable, the participants in each one, and a factual description of each one; (c) Fraud claims: If fraud is alleged, based on the predicate offenses of wire fraud, mail fraud, fraud in the sale of securities, or fraud in connection with a case under Title 11 of the U.S. Code, the “circumstances constituting fraud or mistake shall be stated with particularity,” Fed. R. Civ. P. 9(b) (identify the time, place, and contents of the alleged misrepresentation or omissions, and the identity of persons to whom and by whom the alleged misrepresentations or omissions were made, and how reliance on the misrepresentations proximatly caused material inuries); (d) A description of all criminal convictions, if any, for violation of any predicate act; (e) A description of all civil lawsuits, if any, resulting in judgment with regard to any predicate act; (f) A description of how the predicate acts formed a PRA; and (g) A statement whether the alleged predicate acts relate to each other as part of a common plan. If so, describe the alleged relationship and common plan in detail. (h) If securities fraud is alleged, what were the criminal convictions that will permit you to have a viable FCR claim. 6. Is the alleged PRA and the enterprise seperate or have merged into one entity? If the plaintiff believes so, state and describe in detail. 7. What is the relationship between the activities of the enterprise and the PRA. And how do these racketeering activity differs from the usual and daily activities of the enterprise, if at all. 8. What are the benefits, if any, the alleged enterprise and each defendant received from the alleged pattern of racketeering activity? 9. What is the effect of the activities of the enterprise on interstate or foreign commerce (list all, regardless of how slight or indirect, research may be required)? 10. If the complaint alleges a violation of 18 U.S.C. § 1962(a), what are the following:

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(a) Who received the income derived from the pattern of racketeering activity or through the collection of an unlawful debt; and (b) Describe the use or investment of such income. (c) How was plaintiff proximatly, materially and tangibly injured by the use or investment of racketeering income (except for the 4th circuit, showing injury not just by the predicate acts themselves); 11. If the complaint alleges a violation of 18 U.S.C. § 1962(b), provide the following information: (a) describe in detail the acquisition or maintenance of any interest in or control of the alleged enterprise; and (b) state whether the same entity is both the liable “person” and the “enterprise” under section 1962(b). (c) How was plaintiff proximatle, materially and tangibly injuried by the person’s conduct or participation (directly or indirectly) in the conduct of such enterprise’s affairs through a PRA (since the predicte acts themselves require conduct or participation, proving the predicate acts themselves is adequate for a 1962(c) claim, especially if conduct is active). 12. If the complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following information: (a) state who is employed by or associated with the enterprise; and (b) state whether the same entity is both the liable “person” and the “enterprise” under section 1962(c). (footnote) 13. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the alleged conspiracy. (a) What exactl was agreed upon and by whom; (b) Was the agreement to commit the alleged predicate acts or to further the endeavor; (c) What was the object of the alleged conspiracy; (e) What is the exact period that the alleged conspirac was over (first known vilation of a predicate act to last known violation of one) (f) What were the specific actions of the conspiracy; (g) What is teh guilty knowlege associated with teh alleged conspiracy; and (h) How was plaintiff proximatly, materially, and tangibly injured by the alleged agreement to violate RICO (except for the 9th circuit, the predicate acts themselves need not be commited). 14. Describe the alleged injury to business or property. 15. How was each injury a foreseeable consequence of the racketeering activitiy? 16. Describe the relationship between the alleged injury and violation of the RICO statute. 17. List the damages sustained by reason of the violation of section 1962, indicating the amount for which each defendant allegedly is liable. 18. What is the direct causal relationship between the alleged injury and the violation of the RICO statute? 19. What are the damages (detail them all) sustained because of violation of 1962, and indicate teh amount for which each defendant is allegedly liable? 20. What is the relevant time period for the RICO activity" 21. Were the RICO activities Closed-Ended or Open-Ended 22. Who were the other victims to the racketeering activity, and exactly what were their injuries and how and when ere they injuried (detail as much as possible)? 23. What are all of the other fedeeral cuases of action, if any, and provide the relevant statute numbers? 24. What if any, other FCRs arose or will likely arise from the racketeering activity (descriptions, courts, case numbers)? 25. What, if any, criminal prosecutions or convictions arose or will likely arise form the racketeering activity (descriptions, courts, case numbers)? 26. What, if any, administrative actions arose or will likely arise from the racketeering activity? 27. What, if any, are all of the pendent state claims?

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28. Provide any additional information you feel would be helpful to the court in processing your RICO claim.

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