Count I RICO (18 U.S.C. § 1962(C))

1. The Defendants, Clinton, the Clinton Campaign, the DNC, Perkins Coie, Elias, and Sussmann (collectively, the “RICO Defendants”) are all “persons” within the meaning of 18 U.S.C. § 1961(3).

The RICO Enterprise

1. At all relevant times, the RICO Defendants, Clinton, the Clinton Campaign, the DNC, Perkins Coie, Elias, and Sussmann, constituted an association in-fact enterprise (the “Enterprise”) within the meaning of 18 U.S.C. § 1961(4).

2. Since the Enterprise’s activities had a significant effect on the 2016 presidential race, and affected fundraising and electoral spending, the Enterprise affected interstate and foreign commerce.

Predicate Acts

1. Section 1961(1) of RICO also provides that “racketeering activity” includes any act indictable under 18 U.S.C. § 1832 (relating to theft of trade secrets) and 18 U.S.C. §§ 1503 and/or 1512 (obstruction of justice). As set forth herein, in furtherance of the scheme to defraud the Plaintiff, the RICO Defendants engaged in numerous acts in violation of 18 U.S.C. § 1832 and 18 U.S.C. § 1503 and/or 1512, including, without limitation, as set forth herein.

2. Each RICO Defendant has conducted and participated in, directly or indirectly, the management, conduct and/or operation of the Enterprise and its affairs through a pattern of racketeering activity including acts indictable under 18 U.S.C. § 1832 (theft of trade secrets) and 18 U.S.C. § 1503, and/or 1512 (obstruction of justice).

3. The RICO Defendants have consistently and regularly committed acts of racketeering activity spanning from at least April 2015. These multiple acts shared a common or related purpose, goal, result, participants, victims, and methods of commission.

4. In furtherance of this scheme, the Defendants committed multiple related acts, each of which constitutes an act of racketeering activity, and which, collectively, constitute a pattern of racketeering activity.

[pages 60-63]

Theft of Trade Secrets (18 U.S.C. § 1832)

1. In violation of 18 U.S.C. § 1832(a)(5), the RICO Defendants conspired with Neustar and Joffe, on at least two occasions, abused and exploited access to non-public and highly sensitive data sources and/or servers, and acquired obtained in excess of authorization and/or stole proprietary, sensitive and confidential internet data, records and/or information, including without limitation, DNS internet traffic data pertaining to Plaintiff, including data originating from his servers located at his private New York residence and those located at Trump Tower and used in connection with his business, The Trump Organization LLC, a company involved in interstate commerce, and stole trade secrets in violation of 18 U.S.C. § 1832 (theft of trade secrets).

1. The Plaintiff’s confidential records were misappropriated by Defendants within the meaning of 18 U.S.C. § 1839(5), where the Plaintiff’s records were acquired by the RICO Defendants, through their conspiracy with Neustar and Joffe, without the Plaintiff’s authorization and through Defendants’ acts of espionage or other improper means conducted by electronic or other means.

2. The RICO Defendants conspired to violate the Defend Trade Secrets Act, 18 U.S.C. § 1832(a)(1), by assisting, aiding, and abetting Neustar and Joffe in obtaining Plaintiff’s proprietary, sensitive and confidential information and data by fraud, artifice, and deception and, thereafter, stealing, appropriating, taking, carrying away, and concealing the theft of Plaintiff’s confidential records with intent to convert Plaintiff’s confidential records, which are related to products sold in interstate and foreign commerce, to Defendants’ own benefit, while knowing and intending that such misappropriation would injure the Plaintiff.

3. Each of the RICO Defendants were aware of, and active participants in, the conspiracy for Neustar and Joffe’s to violate the Defend Trade Secrets Act, 18 U.S.C. § 1832, and each of the RICO Defendants committed at least one act in furtherance of this goal.

4. The RICO Defendants’ actions constitute a conspiracy to steal trade secrets in violation of 18 U.S.C. § 1832(a)(5).

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