Civil RICO Attorney in San Francisco, California

The business industry in California and across the United States is quite diverse and complex. While most companies go about their business operations honestly, some organizations get accused of crimes such as wire fraud, mail fraud, embezzlement, money laundering, and obstruction of justice. As a result, the Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted to combat the unethical and illegal activities of these criminal organizations. 

If you need proper guidance when filing or defending yourself against a civil RICO lawsuit, retaining a highly experienced civil RICO attorney is imperative. The Law Offices of David H. Schwartz, INC, provides reliable advocacy and legal guidance to clients in their civil RICO suits. Attorney David H. Schwartz can evaluate your unique situation, file your civil RICO claims, and help seek relief. In addition, David can defend you in your RICO lawsuit and help protect your best interests. 

The Law Offices of David H. Schwartz, INC proudly serves clients across San Francisco, California, and surrounding areas of San Jose, Santa Clara, Oakland, Alameda County, and the San Francisco Bay Area. 

Understanding Civil RICO Laws in California 

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law designed to provide civil relief and criminal penalties for the actions of ongoing criminal organizations. According to the RICO Act, a person who has committed two or more racketeering activities – relating to an enterprise – within a period of 10 years may be facing RICO charges. 

Common Causes of Civil RICO Lawsuits in California 

Some common activities that may result in a civil RICO lawsuit in California include: 

• Violation of state laws against bribery, kidnapping, arson, gambling, and controlled substances. 

• Criminal copyright infringement. 

• Witness tampering and retaliation. 

• Mail or wire fraud. 

• Obstruction of criminal investigation. 

• Obstruction of justice. 

• Acts of terrorism. 

• Embezzlement of union funds. 

• Bankruptcy fraud. 

• Drug trafficking. 

• Money laundering and related offenses. 

• Securities fraud.  

According to the Recent Trends in Securities Class Action Litigation Report, about 205 new federal securities class action lawsuits were filed in the United States in 2022. If you want to file a civil RICO lawsuit or if you’re being sued for civil RICO, you need to speak with a dedicated business litigation attorney immediately. Your legal counsel can assess all of the facts of your case and determine the best course of action.  

Suing Someone for Civil RICO 

To pursue a civil RICO claim, the claimant must establish the following elements: 

• An enterprise existed. 

• The activities of the enterprise affected interstate commerce. 

• The defendant was employed by or associated with the organization. 

• That defendant participated in a pattern of racketeering activities which poses a threat of ongoing criminal activity. 

• The defendant committed at least two racketeering acts while participating in the operations of the enterprise.  

A seasoned California civil RICO attorney can help file your lawsuit, direct you through every phase of the legal process, and seek to establish your RICO claims. 

The Trial Process in Civil RICO Lawsuits 

The following are the stages involved in a civil RICO lawsuit: 

Pleadings: RICO complaints often involve several conducts that occur over a long period. The defendant will be allowed to plead each complaint in an attempt to disprove all or parts of the allegations. 

Managing Issues: During the legal proceedings, all issues that constitute the pattern of racketeering acts will be clearly defined and managed. 

Discovery: Discovery is often required to obtain crucial information and facts about the civil RICO suit. Some tools often used during discovery include depositions, requests for evidence, written interrogatories, requests for inspection, and admissions. 

Pretrial Conference: At the pretrial conference, the court will require all parties to file statements and documents outlining the claims and defenses. If possible, the parties may be able to reach stipulations and settlements. The case will proceed to trial if not settled. 

Trial: During the trial, the parties will submit evidence, call upon witnesses, and make arguments in front of a judge or jury. At the end of the trial, the judge will make a decision – award damages or dismiss the case. 

A comprehensive commercial litigation attorney can represent you diligently at every stage of the legal proceedings and improve your chances of a favorable outcome. 

Defenses Against Civil RICO Claims 

If you’re facing racketeering charges, your lawyer may be able to dispute those false accusations using any of the following legal defenses: 

• No organized crime or racketeering activity occurred. 

• There was no financial loss. 

• The alleged conduct happened only once. 

• The alleged conduct wasn’t continuous. 

• The alleged conduct didn’t affect interstate commerce. 

• The statutes of limitations have passed. 

A seasoned attorney can help develop a strategic plan to fight these false accusations, protect your best interests, and attempt to establish your innocence. 

Rely on Trusted Legal Advice 

Navigating civil RICO claims or lawsuits can be very complicated and handling them on your own is never advisable. Attorney David H. Schwartz proudly assists and guides clients in their civil RICO legal matters. Whether you’re a plaintiff or defendant in a civil RICO lawsuit, David will represent you intelligently in your claims and help you achieve the best available outcome for your case.