CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...895.02(2) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in Florida in whole or in part because the debt was incurred or contracted in violation of the following law: (recite applicable section and define crime). F.S. 895.01(3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of Florida, or other legal entity, or any unchartered union, association, or group of individuals associated...
CopyCited 15 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 1176, 1996 WL 46641
...§ 1125(a), the Deceptive and Unfair Trade Practices Act, Fla. Stat. §
501.201, Misleading Advertising, Fla. Stat. § 812.40, Intentional False Advertising, Fla.Stat. §
817.44; False Information, Fla. Stat. §
817.411, The Florida Racketeering Influence and Corrupt Organization Act ("RICO"), Fla.Stat. §
895.01, and under Florida common law for tortious interference with business relationships and conspiracy....
CopyCited 11 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 2532, 1994 WL 68662
...Counts V and VII: Racketeering Viewing the evidence in the light most favorable to Counterclaimants, the allegations in the Counterclaim do not rise to the level of fraud, and therefore Counterclaimants cannot maintain an action for racketeering under either Florida or Arizona's statutory law. Fla.Stat. §§ 895.01 et seq.; A.R.S....
...Counterclaim be, and the same is hereby, GRANTED IN PART AND DENIED IN PART as follows: 1. As to Counts I (Securities Act § 12(2)), II (Securities Act § 10(b) and SEC Rule 10(b)(5)), IV (ARS § 44-1991), V (ARS § 13-2301 et seq. ), VII (Fla.Stat. § 895.01 et seq....
CopyCited 10 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 485, 1998 Fla. LEXIS 1824, 1998 WL 650595
...849.0931. §
849.09(3), Fla. Stat. (1993)(emphasis added). Finally, the RICO statute specifically lists the provisions of the gambling chapter that it punishes and does not include section
849.0931, the bingo statute:
895.02 Definitions.As used in ss.
895.01-895.08, the term: (1) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: ....
...n
895.05 of the RICO statute, which states in pertinent part: (2)(a) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of a provision of ss.
895.01-895.05 is subject to civil forfeiture to the state. §
895.05(2)(a), Fla. Stat. (1995). [4] §
895.01-.06, Fla....
CopyCited 10 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 21306
...Count IV Fails as a Matter of Law In Count IV of the Second Amended Complaint, Nicor and Carib claim that Coastal has engaged in racketeering activity, in violation of Florida's Racketeer Influenced and Corrupt Organizations Act ("RICO"), Fla. Stat. § 895.01 et seq....
CopyCited 7 times | Published | District Court, S.D. Florida
...plaint, Paragraph 69, they attach only one letter to the Complaint; that, and the language claiming that there were only "two separate occasions" leads the Court to conclude that only one letter was involved. [15] The Florida RICO statute, Fla.Stat. Section 895.01 et seq., also a part of Count VII, is more restrictive in its scope than its federal counterpart....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2663769
...State,
878 So.2d 1236 (Fla.2004). McKay and several co-defendants were convicted of substantive criminal offenses and conspiracy to commit criminal offenses. The charges included offenses under the Florida Racketeer Influenced and Corrupt Organization (RICO) Act, section
895.01, Florida Statutes (1995), and conspiracy to violate RICO....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...That the alleged conduct of bingo games and the alleged violations of any regulations dealing with the conduct of those games, including those specifically set out in Section
849.0931, Fla. Stat., do not and cannot form the basis of a racketeering violation or any violation of Section
895.01, et seq., or violations of any of the other gambling laws in Chapter 849....
CopyCited 4 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 9674
...sections A & C of the Court's Order Granting Defendants' Motion for Summary Judgment Lastly, for the reasons stated below, the Court holds that Plaintiffs' claim asserted in Count IV alleging a violation of Florida's Racketeer Influenced and Corrupt Organizations Act ("RICO"), Fla. Stat. § 895.01 et seq., is also barred as a matter of law, and that additional discovery would therefore be futile....
CopyCited 4 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 6148, 1989 WL 59098
...BACKGROUND Arabian American Oil Company ("ARAMCO") instituted this suit against Lee Scarfone and his business, Architect Lee Scarfone Associates ("ALSA"), alleging breach of contract, fraud, violations of federal and state racketeering statutes ("RICO"), 18 U.S.C. § 1961 et seq.; Fla. Stat. § 895.01 et seq., and the Florida civil theft statute, Fla.Stat....
CopyCited 2 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 4414, 1988 WL 48554
...I of Plaintiff's second amended complaint. Counts V and VI are alleged causes of action for racketeering in violation of both Federal and Florida Racketeer Influenced and Corrupt Organizations Acts, located at 18 U.S.C. § 1961 et seq. and Fla.Stat. § 895.01, et seq....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 35356
...The unit is owned by appellant and her husband, Carlos Rodriguez. BIV later amended the complaint to join Carlos Rodriguez [1] as a defendant. BIV sought damages for Carlos Rodriguez's alleged violation of Florida's Racketeer Influenced and Corrupt Organization [RICO] Act, § 895.01, Fla....
...BIV cross-appeals the denial of its motion to enjoin transfers of the related assets. First, appellant argues that the trial court erred in granting the injunction prohibiting her from transferring, encumbering, or disposing of the condominium unit. The Florida RICO Act, § 895.01, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 73304, 2009 WL 2523901
...sed above. For all of those reasons, Plaintiffs have not stated a claim against PBC in Counts IV. PBC addresses Counts VII and VIII of the amended complaint, which allege violations of the Federal RICO Act, 18 U.S.C. § 1961, and the State RICO Act, § 895.01, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 3005568
...conspiracy *1106 counts with which the defendant was charged. We conclude that the defendant's point is well taken. The underlying case was a multi-defendant prosecution under the Florida Racketeer Influenced and Corrupt Organization (RICO) Act. See § 895.01, Fla....
...Petition granted in part and denied in part. On Motion for Rehearing COPE, J. In the defendant's motion for rehearing he argues that by virtue of the reversal of the conspiracy counts, there must also be a new trial on count one, the violation of the Florida RICO Act. See § 895.01, Fla....
CopyCited 2 times | Published | District Court, S.D. Florida | 1985 U.S. Dist. LEXIS 22494
...Count IX seeking punitive damages for common law fraud (Count VI, state complaint); 6. Count X alleging civil theft in violation of Fla.Stat. §
812.014, .035 (Count VIII, state complaint); 7. Count XII asserting violations of Florida's RICO statute, Fla.Stat. §
895.01 (Count IX, state complaint)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1629224, 2013 Fla. App. LEXIS 6125
...KELLY, J., concurs in result only. . This latter conviction was a lesser offense from the original charge of conspiracy to deliver heroin. See §§
893.03(l)(b),
893.135(5). . The Florida RICO (Racketeer Influenced and Corrupt Organization) Act. See §
895.01.
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 1986 Bankr. LEXIS 4684
...ew York corporation (hereinafter "Equity Funding"), Theodore Moss (hereinafter "Moss") and Donald Braverman (hereinafter "Braverman") seeking treble damages pursuant to the Florida Racketeer and Corrupt Organization Act (Florida RICO Act), Fla.Stat. 895.01 et seq., as well as damages pursuant to 11 U.S.C....
...e violations, whether treated under Chapter 687 or Chapter 817 of the Florida Statutes will give rise, independently, to a civil action for treble damages, punitive damages and attorney's fees under the Florida RICO Statute as set forth in Fla.Stat. § 895.01, et seq....
...rn of racketeering activity as contemplated by Fla.Stat. §
895.02. The Defendants qualify as an enterprise also within the meaning of that Statute. The Court having determined that the actions of Defendants clearly violate the provisions of Chapter
895.01, et seq., the Plaintiffs herein have a civil remedy pursuant to Fla.Stat....
CopyPublished | District Court, S.D. Florida | 2013 U.S. Dist. LEXIS 144375
...ng in federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 (c), conspiracy to commit federal RICO, civil theft, fraud, aiding and abetting fraud, Florida Racketeer Influenced and Corrupt Organization, Fla. Stat. 895.01 et seq....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 4764790
...decision in Jackmore.
Likewise, in Smith v. Viragen, Inc.,
902 So. 2d 187, 191 (Fla. 3d DCA
2005), the court affirmed an award of both attorney's fees and costs, noting that it need
not distinguish between the amounts awarded under section
895.01, Florida Statutes,
and section
57.105 "because the entire award could have been made pursuant to
section
57.105 alone." As in Martin County, the award of costs on this basis conflicts
with the plain language of section
57.105....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 15447, 2003 WL 22335030
...ALTENBERND, C.J., and COVINGTON, J., concur. . These other claims were that the special instruction constituted judicial comment on the evidence, that he was entitled to an instruction on entrapment, and that there was prosecutorial misconduct in the State's closing argument. . § 895.01-.06, Fla....
CopyPublished | Florida 1st District Court of Appeal
Concerning Racketeering and Illegal Debts.” Section
895.01, Florida Statutes, declares, “Sections 895
CopyPublished | Court of Appeals for the Eleventh Circuit | 1988 WL 106037
...These included the Florida Deceptive and Unfair Trade Practices Act, Fla.Stat. §
501.201-.213 (1987); id. §
817.41 (Misleading Advertising); id. §
817.44 (Intentional False Advertising); id. §
817.411 (False Information); the Florida Racketeer Influenced and Corrupt Organization Act, id. §
895.01-.09; the Florida Antitrust Act of 1980, id....
CopyPublished | Florida 3rd District Court of Appeal
...In the underlying dispute, the Association filed suit against Sakowitz,
the former president of its board of directors, and others, alleging violations
of chapter 895, Florida Statutes (2022), the Florida RICO (Racketeer
Influenced and Corrupt Organization) Act. See § 895.01, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 2470, 2005 WL 475412
...Hutton & Co.,
568 So.2d 531, 532 (Fla. 3d DCA 1990) (affirming fees under section
772.104 when the case was disposed of on the pleadings alone); see also Roth,
647 So.2d at 1025 (noting that the standard for awarding fees under sections
772.104 and
895.01 is “slightly less stringent” than the “bad faith” standard of section
57.105)....
...The circuit court found that the civil RICO suit against Viragen was without such support in both fact and law, and thus also properly awarded fees pursuant to section
895.05(7). Walter Smith also argues that the circuit court’s failure to distinguish between the amount awarded pursuant to section
895.01 and section
57.105 is reversible error....
CopyPublished | Florida 2nd District Court of Appeal
...decision in Jackmore.
Likewise, in Smith v. Viragen, Inc.,
902 So. 2d 187, 191 (Fla. 3d DCA
2005), the court affirmed an award of both attorney's fees and costs, noting that it need
not distinguish between the amounts awarded under section
895.01, Florida Statutes,
and section
57.105 "because the entire award could have been made pursuant to
section
57.105 alone." As in Martin County, the award of costs on this basis conflicts
with the plain language of section
57.105....
CopyPublished | Florida 3rd District Court of Appeal | 2000 WL 985883
...(“SCRC”) and its owner Carlos Garcia (“Garcia”), from utilizing one million dollars in assets, and from filing any further insurance claims with United. We affirm. United sued Garcia and SCRC (collectively referred to as “Sanar”) civilly under the Florida RICO Act, Section 895.01 et seq., Florida Statutes (1999), alleging Sa-nar engaged in a continuous pattern of fraudulent billing practices....
CopyPublished | Florida 2nd District Court of Appeal | 14 Fla. L. Weekly 2846, 1989 Fla. App. LEXIS 7039, 1989 WL 151452
...He argues that the trial court erred in denying his motion to dismiss the racketeering charge on the ground that he acted alone and therefore could not constitute an “enterprise” under the Racketeer Influenced and Corrupt Organization (RICO) Act, section 895.01-.07, Florida Statutes (1987)....
