Ugh... RICO! I have to admit I do not do any criminal work and I do not fully understand RICO. One of my first cases was a civil case involving a dispute among business partners. I inherited the case from another attorney who filed the complaint and he included RICO violations. I tried and tried to understand it, but I could not figure out how RICO applied at all.
At a pre-trial conference, I told the judge and opposing counsel that I was dropping the RICO count "because frankly, I do not understand it." The judge smiled and said, "that is good, because I don't get it either."
That afternoon, opposing counsel and I were able to agree on a rough outline for a really good settlement. I think dismissing that claim showed them that I was reasonable and it helped with the settlement negotiations.
That was my first, and hopefully last, experience with RICO!
Best,
Robert A. Franco
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