A bill to amend chapter 96 of title 18, United States Code.

Summary

Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Unlawful Activity. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Requires the court to award the prevailing party a reasonable attorney's fee. Sets a statute of limitations for such actions of: (1) three years after the cause of action accrues; (2) three years after the conduct causing the injury terminates; or (3) two years after the date of the criminal conviction (required for a treble damage cause of action). Provides an affirmative defense where the defendant acted in good faith and in reliance upon a directly applicable regulatory action, approval, or interpretation of law by an authorized State agency.

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Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 8 August 1988

  Open at official source

• Introduced in Senate

  summary · EN · 22 July 1987

  Open at official source

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