UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
THE FOLLOWING RICO STANDING ORDER was adopted by the court en banc at its
meeting of June 3, 1987. The court has further directed that it be entered in each RICO case
at the time of filing.
LORETTA G. WHYTE, Clerk
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
Civil Action
vs. No.
Section: ()
RICO STANDING ORDER
This case contains a Civil RICO claim, filed in this Court pursuant to 18 U.S.C. Sections
1961-1968. This Order has been designed to establish a uniform and efficient procedure for
deciding RICO cases.
The plaintiff(s) shall file within twenty (20) days of the entry of this order a RICO case
statement (an original and one (1) copy). The statement shall include the facts plaintiffs rely
upon to initiate this RICO complaint as a result of the "reasonable inquiry" required by Federal
Rule of Civil Procedure II. In particular, the statement shall be in a form which uses the
numbers and letters set forth below, unless filed as part of an amended and restated complaint
(in which latter case, the allegations of the amended and restated complaint shall reasonably
follow the organization set out below) and shall state in detail and with specificity the following
information:
1. State whether the alleged unlawful conduct is in violation of 18 U.S.C. Sections
1962(a), (b), (c), and/or (d). If you allege violations of more than one Section
1962 subsection, treat each as a separate RICO claim.
2. List each defendant and state the alleged misconduct and basis of liability of
each defendant.
3. List the alleged wrongdoers, other than the defendants listed above, and state
the alleged misconduct of each wrongdoer.
4. List the alleged victims and state how each victim allegedly was injured.
5. Describe in detail the pattern of racketeering activity or collection of an unlawful
debt alleged for each RICO claim. A description of the pattern of racketeering
activity shall include the following information:
(a) List the alleged predicate acts and the specific statutes
allegedly violated;
(b) Provide the dates of the predicate acts, the participants in
the predicate acts and a description of the facts
surrounding each predicate act;
(c) If the RICO claim is based upon the predicate offenses of
wire fraud, mail fraud, fraud in the sale of securities, or
fraud in connection with a case under U.S.C. Title 11, the
"circumstances constituting fraud or mistake shall be
stated with particularity," Fed. R. Civ. P. 9 (b). Identify
the time, place and contents of the alleged
misrepresentation or omissions, and the identity of persons
to whom and by whom the alleged misrepresentations or
omissions were made;
(d) Describe whether the alleged predicate acts relate to the
enterprise as part of a common plan. If so, describe in
detail.
6. Describe in detail the alleged enterprise for each RICO claim. A description of
the enterprise shall include the following information;
(a) State the names of the individual, partnerships,
corporations, associations or other entities allegedly
constituting the enterprise;
(b) Describe the structure, purpose, roles, function and course
of conduct of the enterprise.
(c) State whether any defendants are employees, officers or
directors of the alleged enterprise;
(d) State whether any defendants are associated with the
alleged enterprise, and if so, how;
(e) State whether you allege that the defendants are
individuals or entities separate from the alleged enterprise,
or that the defendants are the enterprise itself, or members
of the enterprise;
(f) If you allege any defendants to be the enterprise itself, or
members of the enterprise, explain whether such
defendants are perpetrators, passive instruments, or
victims of the alleged racketeering activity.
7. State whether you allege and describe in detail how the pattern of racketeering
activity and the enterprise are separate or have merged into one entity.
8. Describe the alleged relationship between the activities of the enterprise and the
pattern of racketeering activity. Discuss how the racketeering activity differs
from the usual and daily activities of the enterprise, if at all.
9. Describe what benefits, if any, the alleged enterprise receives from the alleged
pattern of racketeering activity.
10. Describe the effect of the activities of the enterprise on interstate or foreign
commerce.
11. If the complaint alleges a violation of 18 U.S.C. Section 1962(a), provide the
following information:
(a) State who received the income derived from the pattern of
racketeering activity or through the collection of an
unlawful debt; and,
(b) Describe the use or investment of such income.
12. If the complaint alleges a violation of 18 U.S.C. Section 1962 (b), provide the
following information:
(a) Describe in detail the acquisition or maintenance of any
interest in or control of the alleged enterprise; and,
(b) State whether the same entity is both the liable "person"
and the "enterprise" under Section 1962 (b).
13. If the complaint alleges a violation of 18 U.S.C. Section 1962 (c), provide the
following information:
(a) State who is employed by or associated with the
enterprise;
(b) State whether the same entity is both the liable "person"
and the "enterprise" under Section 1962 (c).
14. If the complaint alleges a violation of 18 U.S.C. Section 1962 (d), describe in
detail the alleged conspiracy.
15. Describe the alleged injury to business or property.
16. Describe the relationship between the alleged injury and violation of the RICO
statute.
17. List the damages sustained by reason of the violation of Section 1962, indicating
the amount for which each defendant allegedly is liable.
18. List all other federal causes of action, if any, and provide the relevant statute
numbers.
19. List all pendant state claims, if any.
20. Provide any additional information you feel would be helpful to the Court in
processing your RICO claim.
This order was adopted by the court en banc at its meeting of June 3, 1987. The court
has further directed that it be entered in each RICO case at the time of filing.
_____________________________
LORETTA G. WHYTE, Clerk
