ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

18 U.S.C. § 1964 — Civil remedies

submitted 56 years ago by Pub. L. 91-452 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 320 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal district courts may order measures to prevent and restrain violations of 18 U.S.C. § 1962. The Attorney General may bring such cases, and an injured person may recover three times the damages, costs, and reasonable attorney’s fee subject to the stated fraud exception.

(a) United States district courts have jurisdiction to prevent and restrain violations of 18 U.S.C. § 1962. They may issue suitable orders, including requiring a person to give up a direct or indirect enterprise interest, reasonably restricting future activities or investments including barring the same type of business affecting interstate or foreign commerce, or dissolving or reorganizing an enterprise while protecting innocent people’s rights. (b) The Attorney General may bring proceedings under this section. Before final decision, the court may issue restraining orders or prohibitions, accept satisfactory performance bonds, or take other proper action. (c) A person injured in business or property by a section 1962 violation may sue in an appropriate United States district court and recover three times the sustained damages, suit costs, and a reasonable attorney’s fee. A person may not use conduct that would have been actionable as fraud in buying or selling securities to establish a section 1962 violation. That exception does not apply against a person criminally convicted in connection with the fraud; in that situation, the limitation period starts when the conviction becomes final. (d) A final judgment or decree for the United States in a United States criminal proceeding under this chapter prevents the defendant from denying the criminal offense’s essential allegations in a later civil proceeding brought by the United States.

the actual law source: uscode.house.gov ↗public domain
(a)

The district courts of the United States shall have jurisdiction to prevent and restrain violations of section 1962 of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest himself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect interstate or foreign commerce; or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.

(b)

The Attorney General may institute proceedings under this section. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.

(c)

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 the damages he sustains and the cost of the suit, including a reasonable attorney’s fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 1962. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final.

(d)

A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the United States.

Source credit: (Added Pub. L. 91–452, title IX, § 901(a), Oct. 15, 1970, 84 Stat. 943; amended Pub. L. 98–620, title IV, § 402(24)(A), Nov. 8, 1984, 98 Stat. 3359; Pub. L. 104–67, title I, § 107, Dec. 22, 1995, 109 Stat. 758.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-452 · 84 Stat. 943
  • 1984Amended · Pub. L. 98-620 · 98 Stat. 3359
  • 1995Amended · Pub. L. 104-67 · 109 Stat. 758

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-452 on 1970-10-15.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case