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H.R. 5445

A bill to amend chapter 96 of title 18, United States Code.

(Measure passed House, amended)

Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Illicit Activity.

Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages: (1) where a government entity has been injured as a result of such violations; or (2) in the case of any person, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover punitive damages under certain circumstances.

Requires the court to award a prevailing plaintiff a reasonable attorney's fee.

Sets a statute of limitations for such actions of: (1) three years after the cause of action accrues; (2) three years after the conduct causing injury terminates; or (3) two years after the date of the criminal conviction (required for a treble damage cause of action).

Received in the Senate and read twice and referred to the Committee on Judiciary.

Rep. Boucher, Rick [D-VA-9](D-VA)Sponsor
4 cosponsors1 D3 R
4cosponsors2committees8actions6related bills10subjects
  1. IntroReferral

    Received in the Senate and read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  2. FloorH37100

    Passed House (Amended) by Yea-Nay Vote: 371 - 28 (Record Vote No: 434).

  3. Floor8000

    Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 371 - 28 (Record Vote No: 434).

  4. FloorH30000

    Called up by House Under Suspension of Rules.

  5. CommitteeH19100

    For Previous Action See H.R.5391.

    Judiciary Committee
  6. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  7. IntroReferralIntro-H

    Introduced in House

  8. IntroReferral1000

    Introduced in House

Oct 7, 198636
(Measure passed House, amended)

Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Illicit Activity.

Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages: (1) where a government entity has been injured as a result of such violations; or (2) in the case of any person, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover punitive damages under certain circumstances.

Requires the court to award a prevailing plaintiff a reasonable attorney's fee.

Sets a statute of limitations for such actions of: (1) three years after the cause of action accrues; (2) three years after the conduct causing injury terminates; or (3) two years after the date of the criminal conviction (required for a treble damage cause of action).

Aug 15, 198600

Amends the Federal criminal code to change the name of the Racketeer Influenced and Corrupt Organizations (RICO) statute to Pattern of Illicit Activity.

Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Allows an action to be brought against an individual or against a person other than an individual (an organization) if the conduct was: (1) knowingly engaged in by an officer, director, or employee of such person; (2) authorized or ratified by an executive officer or governing board; and (3) intended to benefit, and did benefit, such person materially.

Sets a statute of limitations for such actions of three years after the plaintiff first knew or should have known of the existence of conduct giving rise to the cause of action.

Requires the court to award a prevailing plaintiff a reasonable attorney's fee.

A bill to amend chapter 96 of title 18, United States Code. — Informed