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Siragusa v. Brown12/30/1998
onstruing the phrase "'Racketeering Activity' means engaging in at least two related crimes." (Emphasis added.) Those cases interpret this language as creating a more broadly based civil "RICO" remedy than provided under federal law. While this interpretation is certainly reasonable under well recognized principles of statutory construction, the Nevada legislature's definition of a "pattern" does not compel or require that we adopt the positions, taken by these other jurisdictions.
I believe our legislature intended to adopt a more narrow statutory construct, patterned on federal law. Under the federal cases construing the federal RICO statutory scheme, a mere showing of two criminal acts does not suffice. Rather, a plaintiff must show both "relationship" and "continuity," to wit: that the racketeering predicate crimes be related and either constitute or threaten long-term criminal activity. See J.J., Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989). This, I respectfully submit, was not demonstrated on this record as a matter of law.
I would therefore conclude that Mrs. Siragusa has not sufficiently stated a claim for relief under our civil RICO statute.
Maupin, J.
I concur: Springer, C.J.
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