Chapter 13 - § 13.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 13.1 • INTRODUCTION

This chapter discusses the civil claim for violation of the Colorado Organized Crime Control Act (COCCA).¹ COCCA is the Colorado statutory counterpart to the federal Racketeer Influenced and Corrupt Organizations Act (RICO).² Because of their similarities, COCCA and RICO claims are generally construed similarly.³ While attractive to plaintiff's counsel because of the availability of treble damages and attorney fees, as well as the substantial risks they pose to corporations, civil claims under COCCA are complicated to plead and prove, requiring counsel for both plaintiffs and defendants to have an in-depth understanding of the elements, defenses, and remedies.⁴ Entire treatises have been dedicated to RICO and its state equivalents.⁵ Thus, this chapter only introduces a highly complex claim and field.

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Notes:

^[1] A person who engages in any of the activities prohibited under COCCA may be subject not only to civil liability, but also to criminal liability or civil investigative demands by the Colorado Attorney General or district attorneys. See C.R.S. §§ 18-17-105 and -107. However, this chapter focuses only on civil liability.

^[2] 18 U.S.C. §§ 1961, et seq. RICO's civil remedies are addressed in 18 U.S.C. § 1964.

^[3] See L-3 Comm. Corp. v. Jaxon Engineering & Maintenance, Inc., 863 F. Supp. 2d 1066, 1076 (D. Colo. 2012); New Crawford Valley, Ltd. v. Benedict, 877 P.2d 1363, 1370 (Colo. App. 1993).

^[4] See, e.g., Nienke v. Naiman Group, Ltd., 857 P.2d 446, 450-51 (Colo. App. 1992) (defendants awarded their attorney fees against plaintiff's law firm for having to defend COCCA claim the trial court found to be frivolous); People v. Maynard, 238 P.3d 672, 685 (Colo. 2009) (attorney's failure to undertake even the most rudimentary analysis of the facts and legal requirements necessary to bring a suit under RICO violated professional rule requiring lawyers to provide competent representation to clients; "a RICO lawsuit is a complex legal undertaking, which requires a heightened analysis of both factual and legal issues." Notably, before filing RICO claims the disciplined attorney had filed COCCA claims. Discussion in the opinion reveals...