Free Wednesday, February 18, 2004 - Hawaii

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII In the Matter of civil RICO actions filed in the united States District Court for the District of Hawaii Pursuant to 18 U.S.C. § 1961, ~ seq.
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Fil.ED IN nr:: UNlTE!:I ST,.;"'iE:; CI3Tn.'CT CO-. RT ." DbIRJCT OF HAWAii

IIAY 5 0 1991 I p 11_ 0'_ Md _ _ /- U.
WAl.'ml A.YJl. CIIINN. CU:RK~

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ORDER REQUIRING RICO CASE STATEMENT Within the past several months, the court has observed a numqer of actions filed in this court based in whole or in part on the Racketeer Influenced and Corrupt organizations Act ("RICOU) codified at 18 U.S.C. § 1961
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Such claims tend

to expand the scope of a given case, increase discovery, and prevent possible settlement of litigation. This order is not

intended to minimize valid claims or to render their prosecution more difficult. Rather, it is intended to assist the parties and
~hich

the court in separating those claims

are arguably

meritorious from those which are patently not. Therefore, it is hereby ordered as follows: Plaintiffs shall file, within thirty (30) days of the filing of a complaint which states a RICO cause of action, a RICO case statement. This statement shall include facts upon which

plaintiffs rely to initiate their RICO claims, as a result of the "reasonable inquiry II required by Fed. R. civ. P. 11. In

particular, this statement shall be in a form using the numbers and letters set forth in the form entitled "RICO Case statement,"

available for inspection and copying in the Office of the Clerk of the united states District Court for the District of Hawaii, and shall state in detail and with specificity the information requested in that form. Counsel is hereby ORDERED to serve a copy of the RICO Case Statement on all parties.

IT IS SO ORDERED.
DATED: Honolulu, Hawaii,

SENIOR UNITED STATES

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII
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CIVIL NO.

Plaintiff (5) ,
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Defendant (5).

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RICO CASE STATEMENT
1. State whether the alleged unlawful conduct is in
§§

violation of 18 U.S.C.

1962 Ca),

(b),

(c), and/or (d).

2.

List the defendants and state the alleged

misconduct and basis of liability of each defendant. 3. List alleged wrongdoers, other than the defendants

listed above, and state the alleged misconduct of each wrongdoer. 4. List the alleged victims and state how each victim

was allegedly injured. 5. Describe in detail the pattern of racketeering

activities or collection of unlawful debts alleged for each RICO claim. The description of the pattern of racketeering shall

include the following information:

a.

List the alleged predicate acts and the

specific statutes that were allegedly violated:

b.

provide the date of each predicate act, the

participants in each predicate act, and a description of the facts constituting each predicate act; c. If the RICO claim is based on the predicate

offenses of wire fraud, mail fraud, or fraud in the sale of securities, the "circumstances constituting fraUd or mistake shall be stated with particularity." Fed. R. Civ. P. 9(b).

Identify the time, place and sub stance of the alleged misrepresentations, and the identity of persons to whom and by whom the alleged misrepresentations were made; d. state whether there has been a criminal

conviction for violation of any predicate act; e. state whether civil litigation has resUlted

in a jUdgment with regard to any predicate act; f. Describe how the predicate act forms a

"pattern of racketeering activity;" and g. state whether the alleged predicate acts If so,

relate to each other as part of a common plan.

describe the alleged relationship and common plan in detail. 6. Describe in detail the alleged "enterprise" for A description of the enterprise shall stat the

each RICO claim.

names of the individuals, partnerships, corporations, associations, or other legal entities, which allegedly constitute the enterprise; describe the structure, purpose, function and course of conduct of the enterprise; state whether any defendants are employees, officers or directors of the alleged enterprise;
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state whether any defendants are associated with the alleged enterprise; state whether you are alleging that the defendants are individuals or entities separate from the alleged enterprise or that the defendants are the enterprise itself, or members of the enterprise; and if any defendants are alleged to be the enterprise itself, or members of the enterprise, explain whether such defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity. 7. state and describe in detail whether you are

alleging that the pattern of racketeering activity and the enterprise are separate or have merged into one entity. 8. Describe the alleged relationship between the

activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the

usual daily activities of the enterprise, if at all. 9. Describe what benefits, if any, the alleged

enterprise receives from the alleged pattern of racketeering. 10. Describe the effect of the activities of the

enterprise on interstate or foreign commerce. 11.
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If the complaint alleges a violation of 18 U.S.C.

1962(a), state who received the income derived from the pattern

of racketeering activity or through the collection of unlawful debt: and describe the use or investment of such income. 12.
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If the complaint alleges a violation of 18 U.S.C.

1962(b), describe in detail the acquisition or maintenance of

any interest in or control of the alleged enterprise.
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13.
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If the complaint alleges a violation of 18 U.S.C.

1962{c), state who is employed by or associated with the

alleged enterprise, and state whether the same entity is both the liable "person ll and the "enterprise" under § 1962 (c). 14.
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If the complaint alleges a violation of 18 U.S.C.

1962{d), describe in detail the facts showing the existence of

the alleged conspiracy. 15. property. 16. Describe the direct causal relationship between Describe the alleged injury to business or

the alleged injury and the violation of the RICO statute. 17. List the damages sustained by reason of the

violation of § 1962, indicating the amount for which each defendant is allegedly liable. 18. List all other federal causes of action, if any,

and provide the relevant statute numbers. 19. 20. List all pendent state claims, if any. Provide any additional information that you feel

would be helpful to the court in processing your RICO claims. 21. If you cannot presently provide certain

information requested above due to lack of discovery, set forth with specificity: a. The fact{s) presently unknown but which you

believe you can prove: b. The nature of discovery you plan to undertake

to develop such facts;
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c. d. discovery.

Of whom you intend to take discovery; and When you intend to commence and/or complete

DATED:

Honolulu, Hawaii,

Attorney for Plaintiff(s)

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