RICO Reform Act of 1989: Hearings Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, First Session, on H.R. 1046 ... May 4, June 15, and July 20, 1989, Volum 4U.S. Government Printing Office, 1990 - 1264 sider |
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Side 6
... , 23 upon proof by a preponderance of the evidence , shall recover 24 threefold the actual damages to the business or property of 25 the governmental entity sustained by reason of such viola- 5 1 tion , and shall recover the costs of 6.
... , 23 upon proof by a preponderance of the evidence , shall recover 24 threefold the actual damages to the business or property of 25 the governmental entity sustained by reason of such viola- 5 1 tion , and shall recover the costs of 6.
Side 8
... reason of such violation ; " ( B ) the costs of the civil action , including a rea- sonable attorney's fee , if the person whose business or property is injured is- " ( i ) a unit of local government other than a unit of general local ...
... reason of such violation ; " ( B ) the costs of the civil action , including a rea- sonable attorney's fee , if the person whose business or property is injured is- " ( i ) a unit of local government other than a unit of general local ...
Side 9
... A natural person who suffers serious bodily injury 24 by reason of a crime of violence that is racketeering activity 25 and that is an element of a violation of section 1962 of this 8 1 title may bring a civil action in an 9.
... A natural person who suffers serious bodily injury 24 by reason of a crime of violence that is racketeering activity 25 and that is an element of a violation of section 1962 of this 8 1 title may bring a civil action in an 9.
Side 10
... reason of such violation ; " ( C ) the actual damages sustained by the natural person by reason of such violation , as allowed under applicable State law ( excluding pain and suffering ) ; and " ( D ) if the plaintiff proves by clear ...
... reason of such violation ; " ( C ) the actual damages sustained by the natural person by reason of such violation , as allowed under applicable State law ( excluding pain and suffering ) ; and " ( D ) if the plaintiff proves by clear ...
Side 11
... reason of 4 such conduct , and the costs of the civil action , including a 5 reasonable attorney's fee , from any defendant convicted of a 6 Federal or State offense based upon the same conduct upon 7 which the plaintiff's civil action ...
... reason of 4 such conduct , and the costs of the civil action , including a 5 reasonable attorney's fee , from any defendant convicted of a 6 Federal or State offense based upon the same conduct upon 7 which the plaintiff's civil action ...
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Vanlige uttrykk og setninger
abuse actual damages affirmative defense alleged Amendment American Life League antitrust apply Association attorneys bank bill Blakey BOUCHER brought cause of action Chairman civil action civil RICO action civil RICO suits Commission Committee conduct Congress CONYERS corporation criminal conviction criminal RICO defendant dismissed disputes district court enacted enforcement enterprise entity FDIC Federal court fees filed forfeiture hearing HUGHES injury insider trading interest involved issue jurisdiction jury Justice lawsuit legislation liability LILCO limited litigation mail fraud MAZZOLI organized crime pattern of racketeering pending person plaintiffs predicate acts predicate offenses private civil RICO problem proposed prosecution prosecutors provisions punitive damages question racketeering activity reason recovery relating remedy retroactive RICO claim RICO law RICO reform RICO statute RICO's Rule 11 sanctions securities fraud Sedima SIPC statement subcommittee subsection Supreme Court Thank title 18 treble damages trial United States Code victims violation white-collar crime wire fraud
Populære avsnitt
Side 907 - And the result of this examination is: we see a complicated network of similarities overlapping and criss-crossing: sometimes overall similarities, sometimes similarities of detail.
Side 904 - But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man's fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he may incur the penalty of death.
Side 316 - What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States.
Side 340 - Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold Ch. 12 GROUP LIABILITY 703 the damages he sustains and the cost of the suit, including a reasonable attorney's fee.
Side 325 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Side 236 - ... no one has a vested right in any given mode of procedure...
Side 1005 - ... pattern of racketeering activity' requires at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity...
Side 1214 - States for the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages sustained, and the cost of the suit, including a reasonable attorney's fee.
Side 345 - We first consider the breach of contract claim, bearing in mind that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Side 5 - ... section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful...