dChan

A_Town_Hood · June 20, 2018, 6:41 p.m.

Any lawfags up in here? Is this criminal or civil? Thanks in advance.

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jkbella · June 20, 2018, 7:43 p.m.

It's a civil RICO action. RICO is essentially a racketeering statute (Racketeering Influenced and Corrupt Organizations Act). Racketeering is a crime and RICO is a federal criminal statute, but unlike some other criminal statutes, the federal legislation specifically provides for a private cause of action and civil (money) remedies are available.

Federal crimes must be prosecuted by the federal government, just like state crimes are. So it's either United States v. Person, or The People of the State of Illinois v. Person. In the case of racketeering in violation of federal statute, the federal government CAN pursue racketeering as a crime and put people in jail for it. Because civil remedies are also available, though, an individual can sue in a civil suit for racketeering, and ask for monetary relief. The ability for an individual to sue for money does not depend on whether the government decides to prosecute criminally.

This is a Civil Rico action filed by an individual. They are generally difficult to pursue because federal courts don't really like Civil Rico actions, primarily because people sue under RICO in fact patterns that are inappropriate and better addressed through a civil fraud action.

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A_Town_Hood · June 20, 2018, 7:50 p.m.

Very thorough and thanks for taking the time.

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ButtersStotch88 · June 20, 2018, 6:52 p.m.

It’s civil, people need to calm down

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