RICO Amendments Act of 1991 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide that: (1) a pattern of racketeering activity requires at least two acts of racketeering activity which are related to one another or to a common external organizing principle and which constitute a threat of continuing activity; and (2) two or more acts which are part of a single episode constitute a single racketeering act.
Provides that a specified civil remedy that allows persons injured by racketeering violations to recover treble damages and the cost of the suit: (1) requires proof by clear and convincing evidence; and (2) may only be used against a defendant who was a major participant, either directly or as an aider or abettor, in egregious conduct responsible for significant injury to the plaintiff. Specifies that in any case in which the plaintiff's actionable injury caused by the defendant is attributable to a financial loss suffered by a financial institution for which a receiver, conservator, liquidator, rehabilitator, or other agent for the disposition of the assets of a debtor is appointed, there shall be a presumption that the defendant has engaged in egregious conduct.
Requires particularity in pleadings in RICO cases.
Directs the court to dismiss a claim against a defendant under such Act if, at any time before trial (upon motion of the defendant or on the court's motion), the court determines after a hearing that the claim fails to meet specified requirements of such Act or the plaintiff has failed to show that such remedy is in the public interest and is needed to deter egregious criminal conduct, considering any need to deter the defendant and others similarly situated. Allows the court to: (1) weigh, but not resolve, disputed issues of fact material to the underlying cause of action; and (2) order that no discovery occur (otherwise, it must set conditions to limit discovery to the issues raised by a motion for summary determination). Requires the court to issue a written order explaining the reasons for granting or denying the motion.
Grants U.S. district courts exclusive jurisdiction of civil RICO proceedings.
Excludes various forms of nonviolent public speech from the definition of "racketeering activity."
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Intellectual Property and Judicial Administration.
Subcommittee Hearings Held.
Forwarded by Subcommittee to Full Committee.
Subcommittee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Committee Consideration and Mark-up Session Held.
Reported (Amended) by the Committee on Judiciary. H. Rept. 102-312.
Reported (Amended) by the Committee on Judiciary. H. Rept. 102-312.
Placed on the Union Calendar, Calendar No. 184.
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