Time-bars: RICO-criminal and civil-federal and state.

• Author: Blakey, G. Robert
• Position: Introduction through I. Racketeer Influenced and Corrupt Organizations Act (RICO

TABLE OF CONTENTS INTRODUCTION I. RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT (RICO) A. Enactment of RICO B. Organized Crime Myth C. Criminal and Civil Proceedings D. Liberal Construction E. Criminal Enforcement F. Civil Enforcement G. Key Elements of RICO II. STATUTES OF LIMITATIONS IN CRIMINAL RICO CASES A. History and Justifications B. Determining the Limitations Period for Criminal RICO 1. Federal RICO 2. State RICO C. Determining the Point of Accrual 1. Accrual and Commencement of Prosecution in Criminal Cases 2. Accrual Problems in Criminal RICO Cases a. Pattern Violations b. Use/Investment Violations and Acquisition/ Maintenance Violations c. Conspiracy D. Tolling of Criminal Statutes of Limitations 1. Federal Tolling Rules 2. State Tolling Rules III. STATUTES OF LIMITATIONS IN CIVIL RICO CASES A. History and Justifications B. Determining the Limitations Period for Civil RICO 1. Federal RICO a. Before Agency Holding Corp. v. Malley-Duff & Associates, Inc. b. Agency Holding Corp. v. Malley-Duff & Associates, Inc. 2. State RICO a. When an Express Limitations Period Exists b. When an Express Limitations Period Does Not Exist i. Borrowing the Federal Period ii. Borrowing the State Antitrust Period iii. Borrowing the Limitations Period Based on the Alleged Predicate Offenses iv. Borrowing the Limitations Period for Penalties and Forfeitures v. Borrowing the Limitations Period for Liability on a Statute C. Determining the Point of Accrual 1. The Last Predicate Act Rule and Klehr v. A. O. Smith Corp 2. The Clayton Act Rule 3. The Injury and Pattern Discovery Rule and Rotella v. Wood 4. Discovery Rule D. Tolling of Civil Statutes of Limitations 1. Tolling 2. Laches E. Case Study: Time-bars in Florida Under RICO CONCLUSION "There is an appointed time for everything." (1)

"Ripeness is all." (2)

"Statutes of limitations always have vexed the philosophical mind for it is difficult to fit them into a completely logical and symmetrical system of law.... [They] find their justification in necessity and convenience rather than in logic." (3)

INTRODUCTION

Most people can easily enough grasp the basic idea behind timebars. (4) The enterprise (5) of law has as its purpose "justice," (6) whether criminal (7) or civil. (8) This much is beyond serious dispute. At first glance, a time-bar merely involves two points in time: the time of the event, and the time of the initiation of the legal proceedings looking into the event. Obviously, as these two...