18 USC Sec. 1964 01/16/96
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Sec. 1964. Civil remedies
(a) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of section 1962 of
this chapter by issuing appropriate orders, including, but not
limited to: ordering any person to divest himself of any interest,
direct or indirect, in any enterprise; imposing reasonable
restrictions on the future activities or investments of any person,
including, but not limited to, prohibiting any person from engaging
in the same type of endeavor as the enterprise engaged in, the
activities of which affect interstate or foreign commerce; or
ordering dissolution or reorganization of any enterprise, making
due provision for the rights of innocent persons.
(b) The Attorney General may institute proceedings under this
section. Pending final determination thereof, the court may at any
time enter such restraining orders or prohibitions, or take such
other actions, including the acceptance of satisfactory performance
bonds, as it shall deem proper.
(c) Any person injured in his business or property by reason of a
violation of section 1962 of this chapter may sue therefor in any
appropriate United States district court and shall recover
threefold the damages he sustains and the cost of the suit,
including a reasonable attorney's fee, except that no person may
rely upon any conduct that would have been actionable as fraud in
the purchase or sale of securities to establish a violation of
section 1962. The exception contained in the preceding sentence
does not apply to an action against any person that is criminally
convicted in connection with the fraud, in which case the statute
of limitations shall start to run on the date on which the
conviction becomes final.
(d) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States
under this chapter shall estop the defendant from denying the
essential allegations of the criminal offense in any subsequent
civil proceeding brought by the United States.
(Added Pub. L. 91-452, title IX, Sec. 901(a), Oct. 15, 1970, 84
Stat. 943; amended Pub. L. 98-620, title IV, Sec. 402(24)(A), Nov.
8, 1984, 98 Stat. 3359; Pub. L. 104-67, title I, Sec. 107, Dec. 22,
1995, 109 Stat. 758.)
1995 - Subsec. (c). Pub. L. 104-67 inserted before period at end
'', except that no person may rely upon any conduct that would have
been actionable as fraud in the purchase or sale of securities to
establish a violation of section 1962. The exception contained in
the preceding sentence does not apply to an action against any
person that is criminally convicted in connection with the fraud,
in which case the statute of limitations shall start to run on the
date on which the conviction becomes final''.
1984 - Subsec. (b). Pub. L. 98-620 struck out provision that in
any action brought by the United States under this section, the
court had to proceed as soon as practicable to the hearing and
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104-67 not to affect or apply to any private
action arising under title I of the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.) or title I of the Securities Act of 1933
(15 U.S.C. 77a et seq.), commenced before and pending on Dec. 22,
1995, see section 108 of Pub. L. 104-67, set out as a note under
section 77l of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-620 not applicable to cases pending on
Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an
Effective Date note under section 1657 of Title 28, Judiciary and
CONSTRUCTION OF 1995 AMENDMENT
Nothing in amendment by Pub. L. 104-67 to be deemed to create or
ratify any implied right of action, or to prevent Securities and
Exchange Commission, by rule or regulation, from restricting or
otherwise regulating private actions under Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.), see section 203 of Pub. L. 104-67,
set out as a Construction note under section 78j-1 of Title 15,
Commerce and Trade.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1965 of this title.