A civil rico claim provides for a lesser burden of proof than in criminal proceedings the burden of proof in a civil rico case is satisfied by a preponderance of the evidence in order for a civil claimant to prevail the jury must find that it is more likely than not that the racketeering activities did occur. Civil rico claims may also require discovery involving foreign countries these issues must be addressed early in the litigation before depositions begin to avoid unnecessary conflict and discovery motions to establish a pattern of racketeering activity a civil rico plaintiff must allege separate predicate acts that are both related and pose a threat of continuity fn1327 while discovery . A racketeering activity is one that is prohibited by the rico statute in a criminal rico prosecution the state must prove beyond a reasonable doubt that the defendant committed such an act in a civil rico case however the plaintiff must prove only by a preponderance of the evidence that the defendant committed the act. Rico law or the racketeer influenced and corrupt organizations act is a law that allows the government to punish individuals associated with criminal activity specifically the leaders of crime organizations
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