What is the difference between Criminal RICO and Civil RICO cases?

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After being indicted for either a civil or criminal racketeering allegation, it is crucial to immediately hire a federal racketeering attorney like Birrell Law Firm. RICO is an extremely complex law, which can be difficult for many amateur lawyers to properly utilize. Only an experienced RICO lawyer will be able to work with the strength and determination your specific case requires. We can help to ensure that any and all possible penalties that are being brought against you are minimized and that there are no longstanding effects incurred from such a charge.

A civil plaintiff will still have to prove the basic elements required in the RICO statute to prove a claim, including a person, an enterprise engaged in or affecting interstate commerce, pattern of racketeering activity, the operation and management test, and the through requirement. Although the standard of proof in a civil action is based upon a preponderance of the evidence, the civil RICO plaintiff must additionally prove “causation,” injury to business or property, and that he or she is subject to a more complicated statute of limitations. Also, in a civil racketeering action alleging fraud, the claim must be pleaded with particularity.

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