Am I correct in assuming that RICOs statute of limitations cannot bar a civil RICO claim so long as the defendant continues to engage in acts of racketeering?
As stated above, the statute of limitations on civil RICO claims begins to run whenever a victim knows or reasonably should know of its injury. The Supreme Court has held that RICO imposes a duty of diligence on all victims who wish to seek redress through the statute. Accordingly, once the victim knows of his injury or reasonably should know of his injury, he cannot sit back on his rights, refrain from bringing a civil RICO claim and thereby allow the defendant to continue to engage in acts of racketeering that will increase the amount of the victim’s monetary claim against the defendant. Once a victim is aware of its injury, it has four years to bring a claim.
Related Questions
- Because Congress did not subject civil RICO claims to a statute of limitations, is it true that a civil RICO claim cannot be barred by a statute of limitations defense?
- Am I correct in assuming that RICOs statute of limitations cannot bar a civil RICO claim so long as the defendant continues to engage in acts of racketeering?
- Can a plaintiff bring a civil RICO claim against a defendant even if the defendant did not commit any crime?
