Question 1

What constitutes a racketeering enterprise in Florida?

Accepted Answer

Enterprise: any individual, sole proprietorship, partnership, corporation, business trust, union, association, or other legal entity, or any group associated in fact (even if not a formal legal entity). The enterprise can be: legitimate (a business used for racketeering) or illegitimate (a criminal organization). Florida courts broadly construe "enterprise" to include any ongoing organization, formal or informal, whose members function as a continuing unit.

Question 2

What is a "pattern of racketeering" under Florida RICO?

Accepted Answer

Pattern: at least 2 incidents of racketeering activity that: have the same or similar purposes, results, participants, victims, or methods, are not isolated events but are interrelated, and occur within 5 years of each other (Section 895.02(4)). The incidents must demonstrate: continuity (the racketeering is ongoing or has a threat of continuing) and relationship (the incidents are connected to each other and to the enterprise). A single isolated act is not enough.

Question 3

How is civil RICO used in Florida real estate cases?

Accepted Answer

RE applications: civil RICO is used when: a developer engages in a pattern of fraud (misrepresenting property conditions, forging documents, or diverting funds), a title company participates in fraudulent closings, a mortgage broker engages in systematic lending fraud, or a property manager embezzles funds from multiple properties. The treble damages provision makes civil RICO attractive: a proven fraud loss can result in a judgment of three times the actual damages plus attorney fees.

Racketeer Influenced Organizations Act

Racketeering Enterprises in Florida

Enterprise Definition

Pattern Requirement

RE Applications

Related Terms

Barnes Walker Litigation

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