Chapter 13 - EXHIBIT 13A • SAMPLE COMPLAINT FOR VIOLATION OF COLORADO ORGANIZED CRIME CONTROL ACT (COCCA)
| Jurisdiction | Colorado |
| District Court, __________ County, State of Colorado Court Address: | ▲ ▲ COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney for Plaintiff [or Party Without Attorney] [Name, Attorney No. ___] [Address]: __________ [Phone Number]: __________ Email: __________ Phone Number: E-mail: FAX Number: Atty. Reg. #: | Case Number: Division Courtroom |
| COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiff(s), by his/her/its/their attorney, complain(s) against Defendant(s) as follows:
1. Plaintiff is a resident of [county] County, Colorado.
2. Defendant (name of defendant) is, and at all times pertinent to this cause was, [a resident of (county) County, (State) OR Defendant is (specify, such as: a (type of business entity) organized under the laws of (State) with its principal place of business at (street address), (city), (state and zip code)]. [If Defendant is not a resident of Colorado or organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transacted business and/or commission of a tort within this State).]
3. [Add additional individual and/or legal entity Defendants as appropriate.]
4. This court has jurisdiction over the subject matter of this lawsuit because this is a civil action for damages and/or equitable relief, Colo. Const. Art. VI, § 9(1) [Adjust as needed to address requirements of federal rules or statutes], and also pursuant to C.R.S. § 18-17-106(6).
5. This court has personal jurisdiction over Defendant because at all relevant times, Defendant has engaged in continuous and systematic business activities in Colorado, including: [describe in-state business activities]. [If defendant is not a resident of Colorado or organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transacted business and/or commission of a tort within this State).]
6. Venue is proper in this court because [provide basis for venue and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes.]
7. [Describe any needed background of how the parties became acquainted, when and how they commenced business relations and transactions, etc.]
8. [Describe the nature, timing/dates, and duration of the Defendants' formation of their Enterprise, the nature of Defendants' employment by and/or association with the Enterprise, and the nature, timing/dates, and number of occurrences of racketeering and fraudulent activities they engaged in via same, so as to establish a pattern of racketeering activity and meet the timing and location requirements of C.R.S. § 18-17-103(3).2 ] [An example of an introduction to such paragraphs: "The pattern of racketeering activity consisted of [mail fraud (18 U.S.C. § 1341), forgery (C.R.S. § 18-5-102), theft (C.R.S. § 18-4-401), attempt to influence a public official (C.R.S. § 18-8-306), criminal possession of a forged instrument (C.R.S. § 18-5-105), and/or computer crime (C.R.S. § 18-5.5-102(1)(b)), as defined in C.R.S. §§ 18-17-103(5) and 104(3)]. Specifically, Defendants engaged in an intentional scheme to defraud Plaintiff and to obtain money or property from Plaintiff through false or fraudulent pretenses, representations, and promises, as follows" AND/OR "The predicate acts were not isolated events, but related acts, which took place in Colorado subsequent to July 1, 1981, and were aimed at the common purpose and goal of inducing Plaintiff to [issue payment for misbilled, overbilled, and fabricated invoices]. All of these predicate acts were related to the fraudulent scheme and each Defendant was a common participant in the predicate acts, while Plaintiff was the common victim.]
9. [Describe the nature, timing, and duration of the Defendants' formation of their conspiracy (to any extent different from or in addition to their Enterprise), and the nature, timing, and number of overt predicate acts of racketeering in furtherance of the conspiracy.3 ]
10. [If applicable, describe facts necessary to establish some or all Defendants' liability for aiding and abetting COCCA violations and/or pursuant to respondeat...
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