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Civil RICO - Need a Statute Cite
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Thanks Lou. We found the same case, but could not find a statute .....
apparently there is none.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
The post was migrated from Yahoo.
Dave,
Ran the research using: civil / rico / limitations and found the
following:
Statutes of limitations are generally classified as affirmative
defenses. Fed.R.Civ.Pro. 8(c). Yet when a complaint's allegations, on
their face, demonstrate the applicable limitations period has
run, the court may dismiss for failure to state a claim even
where the defendant has not raised the issue. Jones v. Bock,
127 S. Ct. 910, 920-21 (2007) ("A complaint is subject to dismissal
for failure to state a claim if the allegations, taken as true,
show the plaintiff is not entitled to relief."). The applicable
limitations period for civil RICO is four years. Agency Holding
Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143, 156 (1987). A
civil RICO plaintiff's claim accrues when he discovers the injury
he has suffered to his business or property. Rotella v. Wood,
528 U.S. 549, 552-53 (2000).
>
> Does anyone know the statute which fixes the period of limitations
for civil
> RICO 18 USC 1961, et seq. We can't find the law which says it's 4
years.
> We can find cases which say that, but NOT the actual statute.
>
> Thanks.
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
The post was migrated from Yahoo.
Does anyone know the statute which fixes the period of limitations for civil
RICO 18 USC 1961, et seq. We can't find the law which says it's 4 years.
We can find cases which say that, but NOT the actual statute.
Thanks.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Message
Does anyone know the
statute which fixes the period of limitations for civil RICO 18 USC 1961,
et seq. We can't find the law which says it's 4 years. We can find
cases which say that, but NOT the actual statute.
Thanks.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.