RICO — At Least Two Predicate Acts Must Occur within Four-Year Limitations Period

From CSX Transportation, Inc. v. Gilkison, 2008 U.S. Dist. LEXIS 26890 (N.D. W.Va. April 1, 2008):

“The fact that one case [predicate act] was filed within the limitations period ... does not change this result. To state a RICO conspiracy claim, a plaintiff must show a ‘pattern of racketeering activity.’ 18 U.S.C. § 1961(5). A ‘pattern of racketeering activity’ requires a showing of at least two acts of racketeering activity. Id. Because only one alleged act of racketeering activity is not time-barred, CSX has failed to show the requisite pattern to sustain its civil RICO conspiracy claim.”

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