In Nevada, the elements for a claim of civil RICO violations (Racketeering Influenced and Corrupt Organizations Act) are:
Defendants engaged in racketeering activities as defined in NRS 207.390 and a racketeering enterprise as is defined in NRS 207.380;
Defendants acting directly, and in conspiracy with one another or through their syndicate, participated directly in racketeering activity by engaging in at least two crimes related to racketeering;
Defendant’s activities have the same or similar pattern, intent, results, accomplices, victims, or methods of commission, or otherwise interrelated by distinguishing characteristics and are not isolated events;
Defendant acquired or maintained directly or indirectly an interest in, or control of, any enterprise, or defendants are employed by or associated with any enterprise to conduct or participate directly or indirectly in the affairs of the enterprise through a racketeering activity;
Plaintiff’s injuries flow from the defendant’s violation of a predicate Nevada RICO act;
Plaintiff’s injury was be proximately caused by the defendant’s violation of the predicate act;
Plaintiff did not participate in the commission of the predicate act; and
Plaintiff is entitled to institute a civil action for recovery of treble damages proximately caused by the RICO violations. NRS 207.470(1).
Alternatively, the claim can be stated:
Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity pursuant to Nevada Revised Statutes, including “taking property from another under circumstances not amounting to robbery”, “embezzlement of money or property valued at $250 or more”, or “obtaining possession of money or property valued at $250 or more, or obtaining a signature by means of false pretenses.”
Defendants, and each of them, engaged in conduct which constitutes a pattern of racketeering activity in violation of NRS 207.470;
Defendants, and each of them, committed at least two separate crimes relating to racketeering constituting a pattern of racketeering activity. They are: [set out in subparagraphs] (the “Predicate Acts”);
Defendants’ crimes are interrelated by distinguishing characteristics and are not isolated incidents but are a part of a pattern of criminal activity;
The Defendants, and each of them, violated NRS 207.400;
Plaintiff has suffered damages;
Plaintiff is entitled to treble damages against Defendants, and each of them. NRS 207.470(1);
Plaintiff is entitled to an award of punitive damages; and
Plaintiff is entitled to an award of attorney fees and costs as damages. NRS 207.470(1).
NRS 207.470; Stoddart v. Miller, 2008 WL 6070835 (Nev. 2008 ); Siragusa v. Brown, 114 Nev. 1384, 971 P.2d 801 (1999); Gordon v. Eighth Judicial Dist. Ct., 12 Nev. 216, 231, 913 P.2d 240, 250-51 (1996); Cummings v. Charter Hosp. of Las Vegas, Inc., 111 Nev. 639, 896 P.2d 1137 (1995); Allum v. Valley Bank of Nevada, 109 Nev. 280, 849 P.2d 297 (1993); Hale v. Burkhardt, 104 Nev. 632, 634, 764 P.2d 866, 867 (1988).
“Jay Young did a truly spectacular job. The parties had tried countless times to reach a resolution and never got anywhere close prior to Jay’s involvement. He is as good a mediator as I have encountered anywhere in the country.” Anonymous Attorney participating in Nevada Supreme Court Settlement Program.
“He is extremely professional, fully prepared, strategic and effective.” Anonymous evaluation from Advanced Resolution Management Mediation.
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Business Contracts A to Z, Faculty presenting lecture and written materials on non-competition agreements, trade secrets, intellectual property, and breach of contract, National Business Institute (2012)
Advocacy Teacher Training, Graduate of the National Institute for Trial Advocacy’s intensive teacher training program (November 2009)
Trial Advocacy Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Trial Training program, Continuing Legal Education Seminar (March 2006)
Deposition Training, Faculty for the National Institute for Trial Advocacy’s Las Vegas In-house Deposition Program, Continuing Legal Education Seminar (August 2005)
Commercial and Residential Evictions, Presenter of “Residential Evictions and Trial,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (May 18, 2005)
Landlord-Tenant Law Update, Presenter of “The Eviction and Judicial Process,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (January 13, 2005)
Commercial Leases: Drafting, enforcing, and Other Critical Issues, Presenter of “When a Tenant Files Bankruptcy,” Continuing Legal Education Seminar (Sterling Education Services), Las Vegas, Nevada (September 23, 2004)
Protecting the Homeowners Association, Presenter Las Vegas Seminar to Property Managers, Homeowner Association Boards, and Homeowners, Las Vegas, Nevada (1995)
The Nevada Department of Business and Industry (the “Department”) oversees the organization, licensing, operation, and dissolution of financial institutions. The Nevada Division of Financial Institutions (the “NFID”) within the Department has supervisory control of most financial services businesses operating in Nevada, such as state-chartered banks, thrifts, savings and loan firms and credit unions, as well as trusts, installment loans, high-interest loans, and collection agencies. Since 1999, mortgage brokers and mortgage bankers have been subject to the jurisdiction of the Nevada Mortgage Lending Division (the “NMLD”). Continue reading The Regulation And Operations Of Financial Institutions in Nevada
Mark Twain’s reportedly once said, “I like criticism, but it must be my way.” Below are actual blind peer reviews given of Jay Young, Las Vegas, Nevada business attorney, arbitrator, and mediator to lawyer.com. Mr. Young’s peers–attorneys and judges–have given him the highest marks available for knowledge and ethics in Arbitration, Litigation, Commercial Law, Real Estate, and Business Law.
This is the seventh in a series of articles on doing business with Native American Tribes in Nevada. These articles provide an overview of the political and business structures employed by Indian tribes, as well as the advantages and challenges of doing business in Indian Country.
Incentives for Foreign Investors (Immigrant Investor/EB-5 Visas)
Under the Immigrant Investor/EB-5 Visa program, foreign investors may obtain a U.S. Visa in return for investment of at least $1,000,000 and the creation of ten jobs within the United States. In a Targeted Employment Area, defined as rural area or one with high unemployment (including on Indian reservations), a $500,000 investment is required. Continue reading Doing Business with Native American Tribes in Nevada– Part 7
Many of the complaints that I hear from litigators about arbitration could be resolved if the arbitration clause which forced the parties into litigation were written better. Arbitrations are, of course, a creature of contract. Therefore, the parties’ arbitration agreement is often the beginning and end of the arbitrator’s authority. The arbitrator is bound to give effect to the contractual rights and expectations of the parties “in accordance with the terms of the agreement.” In fact, although the Federal Arbitration Act presumes that arbitration awards will be confirmed except upon a few narrow circumstances, the arbitrator who acts beyond the scope of the authority found in the parties’ arbitration clause risks having the award vacated.So, if you want the arbitrator to behave differently, write a better arbitration agreement. Continue reading Want to Better Control Your Arbitrations? 10 Steps to Writing a Better Arbitration Agreement.