18 U.S.C. § 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.

Pub. L. 91–452, title IX, § 901(a)Oct. 15, 197084 Stat. 943 Pub. L. 98–620, title IV, § 402(24)(A)Nov. 8, 198498 Stat. 3359 Pub. L. 104–67, title I, § 107Dec. 22, 1995109 Stat. 758(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 104–671995—Subsec. (c). 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”.

Pub. L. 98–6201984—Subsec. (b). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Pub. L. 104–67 15 U.S.C. 78a 15 U.S.C. 77aDec. 22, 1995section 108 of Pub. L. 104–67lAmendment by not to affect or apply to any private action arising under title I of the Securities Exchange Act of 1934 ( et seq.) or title I of the Securities Act of 1933 ( et seq.), commenced before and pending on , see , set out as a note under section 77 of Title 15, Commerce and Trade.

Effective Date of 1984 Amendment

Pub. L. 98–620Nov. 8, 1984section 403 of Pub. L. 98–620 section 1657 of Title 28Amendment by not applicable to cases pending on , see , set out as an Effective Date note under , Judiciary and Judicial Procedure.

Construction of 1995 Amendment

Pub. L. 104–67 15 U.S.C. 78a section 203 of Pub. L. 104–67 section 78j–1 of Title 15Nothing in amendment by 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 ( et seq.), see , set out as a Construction note under , Commerce and Trade.