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Agenda - 01-23-2018 4-b - Presentation on Opioids and Legal Issues
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Agenda - 01-23-2018 4-b - Presentation on Opioids and Legal Issues
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1/22/2018 10:49:04 AM
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BOCC
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1/23/2018
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Regular Meeting
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Agenda
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4-b
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Agenda - 01-23-2018 - Regular Meeting Agenda
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\Board of County Commissioners\BOCC Agendas\2010's\2018\Agenda - 01-23-2018
Minutes 01-23-2018
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\Board of County Commissioners\Minutes - Approved\2010's\2018
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14 <br />county governments wherein such activity took place, to be shared equally, <br />as a forfeiture of the fruits of an unlawful enterprise, and as partial <br />restitution for damages done to the public welfare; provided, however, that no <br />provision of this Article shall authorize the recovery of any moneys or gross <br />income received from the sale of any book, magazine, or exhibition of any motion <br />picture prior to the issuance of a preliminary injunction. Where the action is <br />brought pursuant to this Article, special injury need not be proven, and the costs <br />of abatement are a lien on both the real and personal property used in maintaining <br />the nuisance. Costs of abatement include, but are not limited to, reasonable <br />attorney's fees and court costs. <br />N.C. Gen. Stat. Ann. § 19 -6. <br />B. Federal RICO Action. <br />We also recommend filing a claim under the federal Racketeer Influenced and Corrupt <br />Organizations Act (RICO), which provides for recovery of treble damages and attorney's fees,6 <br />and presents an opportunity to intensify the pressure against opioid manufacturers and wholesale <br />distributors by substantially increasing their litigation risk. <br />Fundamentally, a RICO claim consists of an enterprise and a pattern of racketeering <br />activity (i.e., a predicate act). The federal RICO statute is designed "to protect the public from <br />those who would run organization[s] in a manner detrimental to the public interest." Cedric <br />Kushner Promotions, Ltd. v. King, 533 U.S. 158, 165 (2001) (alteration in original) (quotation <br />marks omitted). A RICO claim "requires (1) conduct (2) of an enterprise (3) through a pattern (4) <br />of racketeering activity." Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496 (1985) (footnote <br />omitted). <br />To plead a RICO cause of action under 18 U.S.C. § 1964(c), a plaintiff must establish a <br />predicate violation. Mail or wire fraud violations are potential predicate acts. 18 U.S.C. <br />§ 1961(1)(B) (providing that racketeering activity includes 18 U.S.C. §§ 1341 (mail fraud), 1343 <br />6 A person who successfully asserts a civil RICO claim "shall recover threefold the damages he <br />sustains and the cost of the suit, including a reasonable attorney's fee." 18 U.S.C. § 1964(c). <br />North Carolina County Opioid Litigation - Privileged and Confidential 11 <br />
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