legislation: 99-hr-5391
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 99-hr-5391 | 99 | hr | 5391 | A bill to amend chapter 96 of title 18, United States Code. | Law | 1986-08-12 | 1986-08-15 | Clean Bill H.R.5445 Forwarded by Subcommittee to Full Committee in Lieu. | House | Rep. Conyers, John, Jr. [D-MI-1] | MI | D | C000714 | 0 | Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Illicit Activity. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Allows an action to be brought against an individual or against a person other than an individual (an organization) if the violation is authorized, ratified, performed, or recklessly tolerated by the board of directors, a high management agent, or similar individual or agent. Eliminates automatic treble damages for a prevailing plaintiff (unless the prevailing party is a government). Allows actual damages and, if the court finds actual malice on the defendant's part, punitive damages in an amount up to twice the actual damages. Permits the court, upon the prevailing plaintiff's motion, to award simple interest on the actual damages accruing from the date of service of process upon the defendant. Requires the court to award a prevailing plaintiff a reasonable attorney's fee. Declares that in such a civil action the plaintiff must establish that the acts of illicit activity constituting the pattern of illicit activity: (1) are not isolated acts; (2) are not so closely related to each other and connected in time and place that they constitute a single transaction; and (3) all occurred within five years of the most recent act of illicit activity that is part of the pattern. Sets a statute of limitation for such an action of four years after the conduct out of which the action arose. Grants the U.S. district courts exclusive original jurisdiction. | 2021-06-30T19:45:45Z |