Chapter 13 - § 13.2 • ELEMENTS

• Jurisdiction: Colorado

§ 13.2 • ELEMENTS

To establish a claim for a violation of COCCA, a plaintiff must plead and prove that the defendant:

1) Through the commission of two or more predicate acts;
2) Which constitute a pattern;
3) Of racketeering activity;
4) Directly or indirectly conducted or participated in;
5) An enterprise; and
6) The claimant was injured in its business or property by reason of such conduct.⁶

§ 13.2.1—Burden of Proof

COCCA claims are triable to a jury.⁷ The burden of proof is on the party asserting the COCCA claim to establish each element of the claim by clear and convincing evidence.⁸

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Notes:

^[6] FDIC v. Refco Group, Ltd., 989 F. Supp. 1052, 1074 (D. Colo. 1997) (relying on FDIC v. First Interstate Bank of Denver, N.A., 937 F. Supp. 1461, 1471-72 (D. Colo. 1996)). As of publication of this book, Colorado has no pattern civil jury instructions for COCCA claims.

^[7] C.R.S. § 18-17-106(7)(a).

^[8] C.R.S. § 18-17-106(11).