Skip to main content

Are there any ways around the interstate commerce aspect of RICO?

Chicago, IL |

I am wanting to pursue a bank with RICO claims, however it's a state chartered community bank in my state. They are definitely a RACKET! I may not be understanding the mail or wire fraud fully, but I don't see how they would apply. I will be hiring an attorney to conduct the litigation, but I want to research everything first.Any help is appreciated.

Attorney Answers 3

Posted

The courts are not too keen on civil RICO cases, so the interstate commerce requirement is the least of your worries. If you can get past that, you will have to prove all kinds of other things that are very difficult to prove. Some other law might probably be a better bet, such as the Illinois Consumer Fraud Act, where it is much easier to plead a case. You really should see an attorney if you have a good case.

The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does not create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.

Mark as helpful

2 lawyers agree

Posted

Your best bet is to take all your evidence to a consumer protection lawyer now and have them evaluate the matter. If they tell you there isn't a viable case, you will save yourself a lot of time.

Most lawyers that practice consumer protection law offer free or low-cost initial consultations.

Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.

Mark as helpful

1 lawyer agrees

Posted

My colleagues are right. The sooner you sit down with a Consumer Protection attorney to discuss your options the better. See Avvo.com under Find-A-Lawyer. Good Luck!1

Mark as helpful

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics