Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Illicit Activity.
Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Allows an action to be brought against an individual or against a person other than an individual (an organization) if the violation is: (1) authorized by an individual with the policy-making authority to determine the manner in which the essential functions of such organization are conducted; and (2) intended materially to benefit such organization.
Eliminates automatic treble damages for a prevailing plaintiff. Allows actual damages and, if the court finds actual malice on the defendant's part, punitive damages in an amount up to twice the actual damages. Permits the court, upon the prevailing plaintiff's motion, to award simple interest on the actual damages accruing from the date of service of process upon the defendant. Requires the court to award a prevailing plaintiff a reasonable attorney's fee.
Declares that in such a civil action the plaintiff must establish that the acts of illicit activity constituting the pattern of illicit activity: (1) are related to the affairs of the organization; (2) are not isolated acts; (3) are not so closely related to each other and connected in time and place that they consitute a single transaction; and (4) all occurred within five years of the most recent act of illicit activity that is part of the pattern.
Sets a statute of limitation for such an action of two years after the accrual of the cause of action (that is, the commission of the second predicate act).
Grants the U.S. district courts exclusive original jurisdiction of such actions.
Received in the Senate and read twice and referred to the Committee on Judiciary.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Criminal Justice.
Subcommittee Hearings Held.
See H.R.5445.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line