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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CIVIL ACTION VERSUS NO: SECTION:

RICO STANDING ORDER This case contains a Civil RICO claim, filed in this Court pursuant to 18 U.S.C. Sections 1961-1968. designed to establish a uniform and This Order has been procedure for

efficient

deciding RICO cases. The plaintiff(s) shall file within 20 days of the entry of this order a RICO case statement (an original and one (1) copy). The statement shall include the facts plaintiffs rely upon to initiate this RICO complaint as a result of the "reasonable In

inquiry" required by Federal Rule of Civil Procedure II.

particular, the statement shall be in a form which uses the numbers and letters set forth below, unless filed as part of an amended and restated complaint (in which latter case, the allegations of the

amended

and

restated

complaint

shall

reasonably

follow

the

organization set out below) and shall state in detail and with specificity the following information: 1. State whether the alleged unlawful conduct is in If

violation of 18 U.S.C. Sections 1962(a), (b), (c), and/or (d).

you allege violations of more that on Section 1962 subsections, treat each as a separate RICO claim. 2. List each defendant and state the alleged misconduct and

basis of liability of each defendant. 3. List the 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

allegedly was injured. 5. Described in detail the pattern of racketeering activity A

or collection of an unlawful debt alleged for each RICO claim.

description of the pattern of racketeering activity shall include the following information: (a) List the alleged predicate acts and the specific statutes allegedly violated; Provide the dates of the predicate acts, the participants in the predicate acts and a description of the facts surrounding each predicate

(b)

act; (c) If the RICO claim is based upon the predicated offenses of wire fraud, mail fraud, fraud in the sale of securities, or fraud in connection with a case under U.S.C. Title II, the "circumstances constituting fraud or mistake shall be state with particularity," Fed. R. Civ. P. 9(b). Identify the time, place and contents of the alleged misrepresentation or omissions, and the identity of persons to whom and by whom the alleged misrepresentations or omissions were made; Describe whether the alleged predicate acts relate to the enterprise as part of a common plan. If so, describe in detail.

(d)

6. claim.

Describe in detail the alleged enterprise for each RICO A description of the enterprise shall include the following

information: (a) State the names of the individuals, p a r t n e r s h ips, corporations , associations or other entities allegedly constituting the enterprise; Describe the structure, purpose, roles, function and course of conduct of the enterprise; State whether any defendants are employees, officers or directors of the alleged enterprise;

(b)

(c)

(d)

State whether any defendants are associated with the alleged enterprise, and if so, how; State whether you allege that the defendants are individuals or entities separate form the alleged enterprise, or that the defendants are the enterprise itself, or members of the enterprise; If you allege any defendants 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.

(e)

(f)

7.

State whether you allege and describe in detail how the

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

Discuss how the racketeering activity differs from the usual and daily activities of the enterprise, if at all. 9. Describe what benefits, if any, the alleged enterprise

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

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

1962(a), provide the following information: (a) State who received the income derived form the pattern of racketeering activity or through the collection of an unlawful debt; and, Describe the use of investment of such income.

(b) 12.

If the complaint alleges a violation of 18 U.S.C. Section

1962(b), provide the following information: (a) Describe in detail the acquisition or maintenance of any interest in or control of the alleged enterprise; and, State whether the same entity is both the liable "person" and the "enterprise" under Section 1962(b).

(b)

13. If the complaint alleges a violation of 18 U.S.C. Section 1962(c), provide the following information: (a) (b) State who is employed by associated with the enterprise; or

State whether the same entity is both the liable "person and the "enterprise" under Section 1962(c).

14.

If the complaint alleges a violation of 18 U.S.C. Section

1962(d), describe in detail the alleged conspiracy; 15. 16. Describe the alleged injury to business or property; Describe the relationship between the alleged injury and

violation of the RICO statute.

17. List the damages sustained by reason of the violation of Section 1962, indicating the amount for which each defendant allegedly is liable. 18. List all other federal causes of action, if any, and

provide the relevant statute numbers. 19. 20. List all pendant state claims, if any. Provide any additional information you feel would be

helpful to the Court in processing your RICO claim. This order was adopted by the court en banc at its meeting of June 3, 1987. The court has further directed that it be entered in

each RICO case at the time of filing

LORETTA G. WHYTE, CLERK

DATE ISSUED ______________________