Two Differences Between the Florida RICO Statute and the Federal RICO Statute

Legal18

Under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, a plaintiff can bring a civil claim to seek financial damages caused by a “pattern” of racketeering activity. Florida’s RICO law shares many similarities with the federal RICO statute. In fact, Florida legislators mirrored the state RICO law after the federal statute.

That being said, state and federal law is not identical. As many civil RICO plaintiffs simultaneously assert both federal and state causes of action, it is important to know the difference between the laws. In this article, our Miami RICO claims lawyers highlight two key differences between federal RICO law and Florida RICO law.

The statute of limitations always matter. If a legal claim is not filed before the statutory deadline expires, then the case may simply be dismissed without a review on the merits. The statute of limitations is one of the most significant differences between federal RICO law and Florida state RICO law. Here is what you need to know:

Federal Civil RICO Statute of Limitations: The Federal RICO statute does not include a specific statute of limitations. Though, the Supreme Court of the United States has ruled that a federal civil RICO lawsuit must be filed within four years of the date the plaintiff discovered the harm.
Florida Civil RICO Statute of Limitations: In contrast, Florida’s RICO statute does include an explicit statute of limitations. A Florida civil RICO lawsuit must be filed within five years of the date the cause of action accrues.

Plaintiffs considering filing a civil RICO lawsuit should always be proactive. You do not want to have your claim dismissed without a hearing. Nonetheless, it is important to know that Florida’s state statute of limitations is somewhat less restrictive than federal law.

Another important difference between federal RICO law and Florida RICO law is that the legal standard of proof is not identical. It is actually somewhat easier to prove a RICO violation under federal law than it is under Florida law. Here is an overview of the difference:

Federal RICO Cases Use the ‘Preponderance of the Evidence’ Standard: The ‘preponderance of evidence’ standard is sometimes referred to as the ‘more likely than not’ standard.
Florida RICO Cases Use the ‘Clear and Convincing Evidence’ Standard: In contrast to federal law, Florida uses the more strict ‘clear and convincing evidence’ standard for civil RICO claims. Under this legal standard, the plaintiff has the burden of proving that their case is highly and substantially more likely to be true than untrue.

Call Our Florida RICO Claims Lawyers for Immediate Help

At Pike & Lustig, LLP, our Florida civil RICO attorneys have the experience and expertise that you can trust for results. If you have any questions about the intersection between federal and state RICO laws, we are here to help. Call us right away for a confidential evaluation of your case. We provide legal services to individuals and businesses throughout South Florida, including in West Palm Beach, Palm Beach Gardens, Fort Lauderdale, Miami, and Miami Beach.

Facebook Twitter LinkedIn

By Michael Pike and Daniel Lustig | Posted on March 12, 2021

Mike Pike handled my auto accident case. He was aggressive with negotiations and getting the best result for the facts of my case. His staff was also very helpful and organized. Very good trial attorneys. I would recommend Pike and Lustig, highly.

Mike Pike handled my injury case and did and excellent job! He is patient and a strong advocate! I recommend him And his firm.

I have much gratitude toward Pike and Lustig, Daniel, Christie and Mike Pike were amazing handling my case. I will recommend them to my friends and family for all business and personal injury matters.

Michael J. Pike was referred to me by a friend as 'the best attorney there is' for handling an intellectual property dispute involving non-compete agreements, trademarks, and copyrights. Mr. Pike is very knowledgeable, no-nonsense, straight shooting, and positively aggressive in his approach, which is exactly what I needed. He gave me my options, was up front about the possibilities and risks for each available course of action, and then he did exactly what he said he would do, when he said he would do it, creating the best possible outcome for my situation. With two quick consultations by phone, a review of the agreements and IP in question, and a powerfully written response to a frivolous cease and desist I received, my issue was handled fairly, swiftly, and to my complete satisfaction. I am extremely grateful to Michael J. Pike and my friend who referred me to him, will definitely use him again if needed, and highly recommend his firm.

I would highly recommend Pike & Lustig to anyone seeking legal representation that is fair, honest and will keep your best interest and unique needs at the forefront. Should the situation arise, I would not hesitate to seek representation from them . Daniel the head attorney in my mom's case was phenomenal as well as Mr. Pike and Christie . They all went above and beyond as far as I'm concern they are the best.

I utilized Pike and Lustig to help with my personal injury case, and I can truly say that I would recommend them to any one who has the unfortunate luck to be in a similar predicament. Mr. Pike was honest. I felt like he truly was working for me. He listened to all my concerns. He explained thoroughly and repeatedly all of my options, and I feel he really did work to get me the best possible settlement. His staff was also really friendly and actually got to know me as well.

Mike Pike handled our injury claim for Michael Cecere. Very happy with his service. Pushed the case and got us a great settlement. You can actually talk to Mike as opposed to other attorneys. Highly recommend him.

Mike Pike and his team were extremely helpful and professional. Mike explained every detail along the way, his expertise and willingness to serve only strengthened my confidence and trust. I look forward to working with his team for all my legal needs.

Pike and Lustig were amazing handling our car accident. They take care of every detail so you can concentrate on recovering. I highly recommend them and they are the law firm I trust to handle our family’s needs.

Mike Pike handles all our business litigation and contracting needs from employment agreements to arbitration agreements!

Michael Pike handled my injury case with professionalism and compassion. My case was settled timely within appx 6 months. Great job.

I am extremely fortunate to have had Daniel Lustig as my attorney. He is personable (which is rare these days) and his communication with me throughout the process was prompt and thorough. I felt like he had my back every step of the way and that he was very committed to my case. Working with Daniel took away all my stress and fears and I am incredibly satisfied with my experience! P.S. The front desk staff at Pike & Lustig is AMAZING! :)

Michael Pike, of Pike & Lustig, handled a case for me and the outcome was favorable. I was pleased with the professional manner in which the firm conducts itself and my experience from start to finish was positive. Highly recommended.

Mike Pike is the real deal! He settled my issue in less than a week after another lawyer did nothing for 2 years! He truly cares and is about results. Not billing! Breath of fresh air and I felt like I actually had an advocate in my corner!

Daniel Lustig is amazing!! He was professional, knowledgeable and extremely helpful- a real superstar. I'm so glad I found the Pike and Lustig website, I couldn't have asked for more! Thank you so much Daniel!!

We can not express how happy we are to have had the pleasure of Pike & Lustig to represent us. From the beginning to the end they both were very aggressive and helpful and that was extremely important in the resolution of our case, they work very well together as a team and are on top things constantly. They truly do work hard for you and we had a better outcome than originally expected and we can't thank them enough for how well they represented my husband and I. They were also very compassionate towards us and our case and they took it on as if it was their own and as if it affected their own family as it did ours, which touched our hearts. We highly recommend this firm. Absolutely amazing team and very aggressive. Very appreciative for this firm.

I hired Michael Pike to represent me in a litigation matter. He is one of the best litigators I have seen, and I have seen many over the years. He was prepared, thorough and his knowledge of procedure far surpassed that of opposing counsel. His objections were well made and well placed at trial and frustrated the rhythm of the opposing counsel and gave him alot of credibility with the judge. Although I lthink that facts were on our side and that we would have won the case anyway, having Mr Pike gave me a sense of confidence that I would not have had with different attorney. I was truly impressed . Even the judge complimented Mr pike on well he performed during trial, several times I might add. I would absolutely recommend him.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from Pike & Lustig, LLP.

West Palm Beach