¶ … successful action against WIRETAP for civil RICO, what do they need to prove?
A civil RICO claim must prove that Steve was unlawful in his conduct by participating, directly or indirectly, in the conduct of an enterprise through a pattern of racketeering activity. The four primary elements of civil RICO are that the (1) conduct (2) of an enterprise (3) shows a pattern (4) of racketeering activity. The (1) conduct is the action of an outside employee who has discretion in WIRETAP affairs, by name of Steve (according to the law, the enterprise's liability may extend to lower-level employees under the direction of upper management) who is forwarding any BUG e-mail he received to WIRETAP, including hacked email not legitimately directed to Steve. (2) the enterprise is WIRETAP, where Steve is a paid employee, and as his conduct took place over extended time it sets a (3) pattern of illegal activity.
Moreover, everyone working WIRETAP need not be cognizant of Steve's activity. The RICO law was designed to punish only the persons who run an enterprise illegally and not the enterprise itself. (4) Racketeering is defined as a "pattern" activity exhibiting factors such as a frequent nature, number, and variety of planned actions, one that has a long duration or time span involved, a number of victims, a number of separate transactions involving unlawful conduct; and a presence of distinct injuries. Steve's actions clearly are racketeering. ("Overview of Civil RICO," 2006, 'lectric Law Library)
Question B
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