§ 1964. — Civil remedies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1964]
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.)
Amendments
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 determination thereof.
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 Judicial Procedure.
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.
