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1 1 (July 7, 2006)

handle is hein.crs/crsajhh0001 and id is 1 raw text is: Order Code RS22470 July 7, 2006 CRS Report for Congress Received through the CRS Web Civil RICO and Standing: Anza v. Ideal Steel Supply Corporation Matie Little Law Clerk American Law Division Summary The federal Racketeer Influenced and Corrupt Organization (RICO) provision creates a civil cause of action for any person or entity injured in their business or property by reason of a RICO violation. In Anza v. Ideal Steel Supply Corporation, the Supreme Court relied on Holmes v. Securities Investor Protection Corporation and held that to establish standing under this civil RICO provision, a plaintiff must demonstrate that he or she was the direct victim of the defendant's RICO violation, e.g., a business may not sue a competitor that may have gained a competitive advantage by not paying taxes. The Court explained that this construction will save district courts from the difficulty of determining an indirect victim's damages caused by attenuated conduct. This decision may have implications for the plaintiffs in Mohawk Industries v. Williams, a suit brought by employees under RICO for employment violations of the Immigration and Nationality Act. On the same day as its decision in Ideal, the Supreme Court remanded Mohawk for reconsideration in light of its holding in Ideal.' The Racketeer Influenced and Corrupt Organization Act RICO makes it illegal for any person to use a pattern of racketeering activity to engage in certain business activities.' It designates a variety of federal crimes ranging from murder to fraud as racketeering activities.3 RICO violations may lead to civil actions when any person or entity is injured in his business or property by reason of the 1 This report was prepared under the general supervision of Charles Doyle, Senior Specialist. 2 18 U.S.C. 1962. For a more detailed discussion of RICO and its elements, see CRS Report 96- 950A, RICO: A Brief Sketch, by Charles Doyle. 3 18 U.S.C. 1961(1). Congressional Research Service + The Library of Congress

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