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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Arizona RICO Statute interpretation needed. A.R.S. §

Resolved Question:

Arizona RICO Statute interpretation needed. A.R.S. § 13-2314.04
"The last act of racketeering activity that is alleged as the basis of the claim occurred within five years of a prior act of racketeering."
Does this mean you can only allege back in time acts that occurred 5 years from the last act of racketeering?
Or does it mean that as long as the acts are continuous, the statute runs back 5 years from each prior act?
Also, if you are alleging federal RICO as well, do you count the last federal act of RICO for when the state statute begins to run? Or does the AZ RICO run from the last act of the AZ statute that you are alleging?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
On a Rico case, the statute of limitations on an on going act is 5 years from the last act alleged as a violation.

Each statute, federal and state, has its own statute of limitations, so each runs separately.

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Customer: replied 6 years ago.
Sorry I need an example to understand this. If an AZ act of racketeering occurs in January 2009, and other acts under different AZ RICO statutes also occurred every year going back say 10 years earlier,
does the statute keep going backwards five years from every earlier act?
In other words, does it keep running backward as long as the acts are continuous racketeering acts?
Expert:  Law Educator, Esq. replied 6 years ago.
If the last act occurred in 2009, then that is the time the statute of limitations runs from. The statute never stops running if there are continual acts so it keeps running back.
Customer: replied 6 years ago.
Do you have experience with federal and state RICO complaints such that you have proven this to be the case?
Expert:  Law Educator, Esq. replied 6 years ago.
Just my 20+ years of state and federal law enforcement experience combined with the practice of law. Plus, the legal education that instructs attorneys on how statutes of limitations work.
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