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

Asked about 1 year ago - 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)

  1. Tara Leigh Goodwin

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more
  2. Joseph Andrew Brabender IV

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more
  3. Michael Leo Potter

    Contributor Level 20

    Answered . 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

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