RICO Amendments Act of 1990

Summary

RICO Amendments Act of 1990 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to provide that: (1) a pattern of racketeering activity requires at least two acts of racketeering activity which are related to one another or to a common external organizing principle and which constitute a threat of continuing activity; and (2) two or more acts which are part of a single episode constitute a single racketeering act. Provides that a specified civil remedy that allows persons injured by racketeering violations to recover treble damages and the cost of the suit shall be available only upon proof by clear and convincing evidence and when its use serves the public interest and provides appropriate deterrence against the repetition of egregious criminal conduct. Requires particularity in pleadings in RICO cases. Limits such recovery unless such requirement is met or the defendant with respect to whom the claim is made was convicted of a RICO violation or: (1) the remedy is appropriate because of the magnitude of the injury; (2) the defendant was a major participant in criminal conduct that was responsible for the injury; and (3) the remedy is needed to deter future egregious criminal conduct. Grants U.S. district courts exclusive jurisdiction of civil RICO proceedings. Excludes various forms of nonviolent public speech from the definition of "racketeering activity." Authorizes courts to limit recovery to actual damages and the costs of the suit for civil actions commencing before this Act's enactment (and for which final orders have not been issued) if: (1) the nature of the claim is such that it would have been dismissed under this Act; and (2) the limit on recovery is consistent with the interest of justice.

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Documents

4 official files

• Reported in House (text)

  Reported in House · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Reported to House with amendment(s)

  summary · EN · 27 October 1990

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• Introduced in House

  summary · EN · 21 June 1990

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