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Order-RICO Order (Judge Henry M. Herlong Jr) Form. This is a South Carolina form and can be use in District Court Federal.
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Tags: Order-RICO Order (Judge Henry M. Herlong Jr), South Carolina Federal, District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
__________DIVISION
____________________________,
Plaintiff(s),
vs.
_____________________________,
Defendant(s).
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C.A. No. ____________
ORDER
This action is based in whole or in part on the Racketeer Influenced and Corrupt
Organizations Act ("RICO") codified at 18 U.S.C. § 961 et seq. Such claims tend to expand
the scope of a given case, increase discovery, lead to numerous time-consuming and costly
motions to dismiss, and hinder possible settlement of litigation. This order is not intended to
minimize valid claims or to render their prosecution more difficult. Rather, it is intended to
assist the parties and the court in separating those claims which are arguably meritorious from
those which patently are not.
Therefore, it is hereby
ORDERED that plaintiff shall file, within 25 days of the date of this order, a RICO
case statement. This statement shall include the facts upon which plaintiff relies to initiate its
RICO claim(s), as a result of the "reasonable inquiry" required by Fed. R. Civ. P. 11. In
particular, this statement shall use the numbers and letters set forth in the attached form
entitled "RICO Case Statement." Each interrogatory shall be set forth immediately prior to the
answer thereto. The statement shall set forth in detail and with specificity the information
requested in the form. The court shall construe the RICO case statement as an amendment to
the pleadings. Failure to comply with the provisions of this order subjects the case to
dismissal.
It is further hereby
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ORDERED that counsel for plaintiff serve a copy of the RICO case statement on all
parties.
IT IS SO ORDERED.
__________________________________
Henry M. Herlong, Jr.
United States District Judge
Greenville, South Carolina
_______________________, 2005
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
DIVISION
Plaintiff(s),
vs.
Defendant(s).
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)
)
)
)
)
)
)
)
)
C.A. No.
RICO CASE STATEMENT
1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. § 1962(a),
(b), (c), and/or (d).
2. List all defendants and state the alleged misconduct and basis of liability of each
defendant.
3. List all alleged wrongdoers, other than any defendant listed above, and state the
alleged misconduct of each wrongdoer.
4. List the alleged victims and state how each victim was allegedly injured.
5. Describe in detail the pattern of racketeering activities or collection of unlawful debts
alleged for each RICO claim. The description of the pattern of racketeering shall include the
following information:
a. List the alleged predicate acts and the specific statutes that were allegedly violated;
b. Provide the date of each predicate act, the participants in each predicate act, and a
description of the facts constituting each predicate act;
c. If the RICO claim is based on the predicate offenses of wire fraud, mail fraud, or
fraud in the sale of securities, 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
misrepresentations, and the identity of persons to whom and by whom the alleged
misrepresentations were made;
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d. State whether there has been a criminal conviction for violation of any predicate act;
e. State whether civil litigation has resulted in a judgment with regard to any predicate
act;
f. Describe how the predicate acts form a "pattern of racketeering activity"; and
g. State 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.
6. Describe in detail the alleged "enterprise" for each RICO claim. A description of
the enterprise shall include the following: (a) the names of the individuals, partnerships,
corporations, associations, or other legal entities which allegedly constitute the enterprise; (b) a
description of the structure, purpose, function, and course of conduct of the enterprise; (c) a
statement of whether any defendant is an employee, officer, or director of the alleged
enterprise; (d) a statement of whether any defendant is associated with the alleged enterprise;
(e) a statement of whether plaintiff is alleging that any defendant is an individual or entity
separate from the alleged enterprise or that any defendant is the enterprise itself, or a member
of the enterprise; (f) if any defendant is alleged to be the enterprise itself, or a member of the
enterprise, an explanation of whether such defendant is a perpetrator, a passive instrument, or
a victim of the alleged racketeering activity.
7. State and describe in detail whether plaintiff is alleging that the pattern of
racketeering activity and the enterprise are separate or have merged into one entity.
8. Describe the alleged relationship between the activities of the enterprise and the
pattern of racketeering activity. Discuss how the racketeering activity differs from the usual
daily activities of the enterprise, if at all.
9. Describe what benefits, if any, the alleged enterprise receives from the alleged
pattern of racketeering.
10. Describe the effect of the activities of the enterprise on interstate or foreign
commerce.
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11. If the complaint alleges a violation of 18 U.S.C. § 1962(a):
a. State who received the income derived from the pattern of racketeering activity or
through the collection of unlawful debt; and
b. Describe the use or investment of such income.
12. If the complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the
acquisition or maintenance of any interest in or control of the alleged enterprise.
13. If the complaint alleges a violation of 18 U.S.C. § 1962(c):
a. State who is employed by or associated with the alleged enterprise; and
b. State whether the same entity is both the liable "person" and the "enterprise" under
§ 1962(c).
14. If the complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the
facts showing the existence of the alleged conspiracy.
15. Describe the alleged injury to business or property.
16. Describe the direct causal relationship between the alleged injury and the violation
of the RICO statute.
17. List the damages sustained by reason of the violation of 18 U.S.C. § 1962,
indicating the amount for which each defendant is allegedly liable.
18. List all other federal causes of action, if any, and provide the relevant statute
numbers.
19. List all state claims in the case pursuant to supplemental jurisdiction, if any.
20. Provide a brief outline of any additional information that you feel would be helpful
to the court in processing your RICO claims.
DATED:
Attorney for Plaintiff(s)
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