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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.

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Attorney answers 3


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.

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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.


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