Civil RICO - do all the members of an enterprise have to have committed a predicate act (not including co-conspirators)?
Question Details: Or can members of the enterprise be passive, and simply manage the enterprise while the other members do the dirty work (again, not including co-conspirators)
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To be liable, you must have committed an overt act. However, the enterprise is distinct from the co-conspiritors. I am not clear what you mean by "members" of the enterprise. However, there is no requirement that each member of the enterprise engaged in an overt act. A civil RICO cause of action is extremely complicated. You should not pursue or defend such a claim without an attorney. I have experience with these types of claims and if you want to discuss further, please call me at 617-426-7400 or email me at wth@harringtonharrington.com
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