legislation: 101-hr-5111
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| 101-hr-5111 | 101 | hr | 5111 | RICO Amendments Act of 1990 | Law | 1990-06-21 | 1990-10-27 | Placed on the Union Calendar, Calendar No. 568. | House | Rep. Hughes, William J. [D-NJ-2] | NJ | D | H000930 | 7 | RICO Amendments Act of 1990 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide that: (1) a pattern of racketeering activity requires at least two acts of racketeering activity which are related to one another or to a common external organizing principle and which constitute a threat of continuing activity; and (2) two or more acts which are part of a single episode constitute a single racketeering act. Provides that a specified civil remedy that allows persons injured by racketeering violations to recover treble damages and the cost of the suit shall be available only upon proof by clear and convincing evidence and when its use serves the public interest and provides appropriate deterrence against the repetition of egregious criminal conduct. Limits such recovery unless such requirement is met or the defendant with respect to whom the claim is made was convicted of a RICO violation or: (1) the remedy is appropriate because of the magnitude of the injury; (2) the defendant was a major participant in criminal conduct that was responsible for the injury; and (3) the remedy is needed to deter future egregious criminal conduct. Defines "egregious criminal conduct" as a pattern of criminal conduct which was an integral part of ongoing racketeering activities and which was characterized by a combination of aggravating circumstances that renders the defendant's conduct more reprehensible than the minimum conduct necessary to sustain a racketeering violation. Directs that there shall be a presumption that the defendant has engaged in egregious conduct in any case in which the plaintiff's actionable injury caused by the defendant is attributable to a financial loss suffered by a savings association for which a receiver is subsequently appointed. Requires particularity in pleadings in RICO cases. Grants U.S. district courts exclusive jurisdiction of civil RICO proceedings. Excludes various forms of nonviolent public speech from the definition of "racketeering activity." | 2021-07-01T14:44:49Z |