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Civil RICO for the Business Litigator: Pleading the Claim and Trebling the Damages

Civil RICO complaints rarely survive Rule 12(b)(6) — and a mispleaded claim forfeits treble damages. Learn to plead every § 1962(c) element, run a pre-suit investigation checklist, prove proximate cause, and recover trebled damages and lodestar fees under § 1964(c).

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

2026-09-21 12:00:00

2h CLE Credits

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

Program Details

2026-09-21 12:00:00

Over 1,000+ webinars

2026-09-21 12:00:00

Course Overview

Treble damages are mandatory — but only for the complaint that survives dismissal.

2026-09-21 12:00:00

The civil RICO landscape shifted twice in twelve months. The Supreme Court’s April 2025 ruling in Medical Marijuana, Inc. v. Horn redefined which economic losses flowing from personal injury are recoverable. The February 2026 Farmers v. 1st Choice decision and recent Fifth and Eighth Circuit dismissals have tightened pleading scrutiny at the same time.

The stakes are set at the pleading stage. Cast a garden-variety fraud scheme as a RICO enterprise, and the court dismisses. Offer boilerplate mail and wire fraud predicates, and Rule 9(b) cuts them. Miss continuity under H.J., Inc., and the pattern fails. Courts now deny leave to amend when flagged deficiencies go ignored.

This two-session program delivers the work product: an element-by-element pleading framework under § 1962(c), a pre-suit investigation checklist, and a damages case built to prove proximate cause, treble the award, and recover lodestar fees under § 1964(c) — plus realistic recovery ranges for advising clients. That is practitioner judgment no form complaint supplies.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Element-by-Element Pleading
How to plead each of the four required elements under § 1962(c) and select the right subsection — before the complaint is drafted.
02
Proving the Enterprise
What separates a true RICO enterprise from a garden-variety fraud scheme: distinctness, association-in-fact structure, and the operation-or-management test.
03
Pattern and Particularity
How to plead mail and wire fraud predicate acts to Rule 9(b)’s particularity standard and satisfy the continuity analysis under H.J., Inc.
04
Pre-Suit Investigation Checklist
Which common pleading failures drive the recent Fifth and Eighth Circuit dismissals and the February 2026 Farmers v. 1st Choice decision — and the pre-suit steps that avoid them.
05
Proximate Cause Proof
How the direct-relationship requirement and the Supreme Court’s April 2025 Medical Marijuana, Inc. v. Horn ruling determine which losses are compensable.
06
Treble Damages and Fees
How to prove the actual damages that get trebled and recover attorney’s fees under § 1964(c), using the lodestar method as strategic leverage.

Program schedule

clock 12:00 pm - 1:00 pm EST

Pleading a Civil RICO Claim That Survives Dismissal

This session equips business litigators with a granular, element-by-element framework for drafting civil RICO complaints that survive Rule 12(b)(6) dismissal. Attorneys will examine the four required elements under § 1962(c), the Rule 9(b) particularity standard as applied to mail and wire fraud predicates, the enterprise-distinctness and operation-or-management requirements, and the pattern-of-racketeering continuity analysis under H.J., Inc. Drawing on recent Fifth and Eighth Circuit dismissals and the February 2026 Farmers v. 1st Choice decision, attendees will leave with a practical checklist for pre-suit investigation, subsection selection, and complaint architecture.

Joshua M. RobbinsJoshua M. Robbins
clock 1:10 pm - 2:10 pm EST

Proving Causation and Recovering Treble Damages and Fees in Civil RICO

This session covers the causation and damages phase of civil RICO litigation, from satisfying the direct-relationship proximate cause requirement through calculating and recovering mandatory treble damages and attorney’s fees under 18 U.S.C. § 1964(c). Attorneys will learn the governing trilogy of Supreme Court decisions on RICO proximate cause, the mechanics of treble-damages proof, and the lodestar framework for fee recovery — all updated for the Supreme Court’s April 2025 ruling in Medical Marijuana, Inc. v. Horn. Attendees leave with a practical framework for building a damages case that survives defense challenges and for advising clients on realistic recovery ranges.

Callan G. SteinCallan G. Stein
Joshua M. Robbins

Joshua M. Robbins

Crowell & Moring

Callan G. Stein

Callan G. Stein

Troutman Pepper Locke

Joshua M. Robbins

Joshua M. Robbins

Crowell & Moring

Joshua M. Robbins is a partner at Crowell & Moring, where he handles high-stakes fraud litigation and investigations, with particular depth in health care and life sciences, white collar defense, and antitrust matters. A former federal prosecutor, he has tried and litigated RICO claims on both the plaintiff and the defense side.

Education & Credentials

Josh earned his A.B., magna cum laude, from Harvard College, where he received the John Harvard Scholarship, his J.D., cum laude, from Harvard Law School, and an M.A.L.D. from the Fletcher School of Law and Diplomacy at Tufts University. He served as a law clerk to the Honorable Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit. He is admitted to practice in California, the District of Columbia, and New York, before the U.S. Court of Appeals for the Ninth Circuit, and in the U.S. District Courts for the Central, Northern, and Southern Districts of California and the District of Columbia.

Recognition & Leadership

Josh is ranked by Chambers USA (2025) and has been named a Los Angeles Business Journal Leader of Influence (2025), a Benchmark Litigation Star (2022–2026), and to Best Lawyers in America (2022–2026). The Daily Journal recognized his team's result as a Top Defense Verdict (2024) and named him among its Top White-Collar Lawyers (2021–2023). As a federal prosecutor, he received the Department of Justice Director's Award for Superior Performance (2015).

Professional Involvement

Josh teaches trial advocacy at the U.C. Irvine School of Law, serves as a Ninth Circuit Lawyer Representative, and is president of the Harvard Law School Association of Orange County. He has also served as an expert witness on health care anti-kickback law.

Experience

Josh served as an Assistant U.S. Attorney for the Central District of California from 2009 to 2016. His RICO work includes a defense verdict for a water manufacturer in a $200 million federal antitrust and RICO lawsuit, plaintiff-side representations against a global religious organization for human trafficking and against a city government and its officials for public corruption, and the defense of an artificial intelligence company in a RICO and computer fraud lawsuit.
Callan G. Stein

Callan G. Stein

Troutman Pepper Locke

Callan G. Stein is a partner in the Boston office of Troutman Pepper Locke, where his practice spans complex civil litigation and white-collar criminal defense, with a concentration in civil and criminal RICO, health care fraud and abuse, government enforcement defense, internal investigations, and collegiate athletics and name, image, and likeness (NIL) matters. He hosts the firm’s RICO Report podcast and has written more than sixty articles on RICO, the False Claims Act, and related enforcement topics.

Education & Credentials

Cal earned his J.D. from Boston University School of Law and his B.A., cum laude, from Brandeis University. He is admitted to practice in Massachusetts and Rhode Island, in the U.S. District Courts for the District of Massachusetts and the District of Rhode Island, and before the U.S. Courts of Appeals for the First, Ninth, and Eleventh Circuits.

Recognition & Leadership

Cal has been named to Best Lawyers in America for Health Care Law (2021–2026), Criminal Defense: White-Collar (2023–2026), and Litigation – Health Care (2026) and recognized in the JD Supra Readers' Choice Awards for White-Collar Defense (2023, 2025), Boston Magazine's Top Lawyers list for Criminal Defense: White Collar (2021–2023), and Legal 500 United States for white collar criminal defense (2019). Earlier recognition includes Massachusetts Rising Stars (2014–2019) and Massachusetts Lawyers Weekly's Up & Coming Attorney honor (2013).

Professional Involvement

Cal is a faculty member of the National Institute for Trial Advocacy and teaches trial advocacy to his firm's associates. He hosts the RICO Report podcast, co-hosts the Highway to NIL podcast, and edits the NIL Revolution blog. He is a member of the Boston Bar Association, the Massachusetts Bar Association, and the American Health Lawyers Association.

Experience

Cal's civil RICO results include a defense verdict for a satellite company following an international arbitration on claims alleging more than $100 million in damages, dismissals of civil RICO claims for a family business facing nearly $20 million in alleged damages, a thyroid medicine manufacturer, Fox News defendants, a bank and credit reporting agency, and a medical device company, and the successful prosecution of civil RICO claims against former Chinese distributors for wire fraud and trade secret misappropriation. In criminal RICO-adjacent work, he represented Barry Cadden in the New England Compounding Center case, securing not guilty verdicts on all 25 second-degree murder charges after a three-month trial, and he obtained the first reported summary judgment for a defendant in a Paycheck Protection Program fraud qui tam action under the False Claims Act.
Joshua M. Robbins

Joshua M. Robbins

Crowell & Moring

Joshua M. Robbins is a partner at Crowell & Moring, where he handles high-stakes fraud litigation and investigations, with particular depth in health care and life sciences, white collar defense, and antitrust matters. A former federal prosecutor, he has tried and litigated RICO claims on both the plaintiff and the defense side.

Education & Credentials

Josh earned his A.B., magna cum laude, from Harvard College, where he received the John Harvard Scholarship, his J.D., cum laude, from Harvard Law School, and an M.A.L.D. from the Fletcher School of Law and Diplomacy at Tufts University. He served as a law clerk to the Honorable Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit. He is admitted to practice in California, the District of Columbia, and New York, before the U.S. Court of Appeals for the Ninth Circuit, and in the U.S. District Courts for the Central, Northern, and Southern Districts of California and the District of Columbia.

Recognition & Leadership

Josh is ranked by Chambers USA (2025) and has been named a Los Angeles Business Journal Leader of Influence (2025), a Benchmark Litigation Star (2022–2026), and to Best Lawyers in America (2022–2026). The Daily Journal recognized his team's result as a Top Defense Verdict (2024) and named him among its Top White-Collar Lawyers (2021–2023). As a federal prosecutor, he received the Department of Justice Director's Award for Superior Performance (2015).

Professional Involvement

Josh teaches trial advocacy at the U.C. Irvine School of Law, serves as a Ninth Circuit Lawyer Representative, and is president of the Harvard Law School Association of Orange County. He has also served as an expert witness on health care anti-kickback law.

Experience

Josh served as an Assistant U.S. Attorney for the Central District of California from 2009 to 2016. His RICO work includes a defense verdict for a water manufacturer in a $200 million federal antitrust and RICO lawsuit, plaintiff-side representations against a global religious organization for human trafficking and against a city government and its officials for public corruption, and the defense of an artificial intelligence company in a RICO and computer fraud lawsuit.
Callan G. Stein

Callan G. Stein

Troutman Pepper Locke

Callan G. Stein is a partner in the Boston office of Troutman Pepper Locke, where his practice spans complex civil litigation and white-collar criminal defense, with a concentration in civil and criminal RICO, health care fraud and abuse, government enforcement defense, internal investigations, and collegiate athletics and name, image, and likeness (NIL) matters. He hosts the firm’s RICO Report podcast and has written more than sixty articles on RICO, the False Claims Act, and related enforcement topics.

Education & Credentials

Cal earned his J.D. from Boston University School of Law and his B.A., cum laude, from Brandeis University. He is admitted to practice in Massachusetts and Rhode Island, in the U.S. District Courts for the District of Massachusetts and the District of Rhode Island, and before the U.S. Courts of Appeals for the First, Ninth, and Eleventh Circuits.

Recognition & Leadership

Cal has been named to Best Lawyers in America for Health Care Law (2021–2026), Criminal Defense: White-Collar (2023–2026), and Litigation – Health Care (2026) and recognized in the JD Supra Readers' Choice Awards for White-Collar Defense (2023, 2025), Boston Magazine's Top Lawyers list for Criminal Defense: White Collar (2021–2023), and Legal 500 United States for white collar criminal defense (2019). Earlier recognition includes Massachusetts Rising Stars (2014–2019) and Massachusetts Lawyers Weekly's Up & Coming Attorney honor (2013).

Professional Involvement

Cal is a faculty member of the National Institute for Trial Advocacy and teaches trial advocacy to his firm's associates. He hosts the RICO Report podcast, co-hosts the Highway to NIL podcast, and edits the NIL Revolution blog. He is a member of the Boston Bar Association, the Massachusetts Bar Association, and the American Health Lawyers Association.

Experience

Cal's civil RICO results include a defense verdict for a satellite company following an international arbitration on claims alleging more than $100 million in damages, dismissals of civil RICO claims for a family business facing nearly $20 million in alleged damages, a thyroid medicine manufacturer, Fox News defendants, a bank and credit reporting agency, and a medical device company, and the successful prosecution of civil RICO claims against former Chinese distributors for wire fraud and trade secret misappropriation. In criminal RICO-adjacent work, he represented Barry Cadden in the New England Compounding Center case, securing not guilty verdicts on all 25 second-degree murder charges after a three-month trial, and he obtained the first reported summary judgment for a defendant in a Paycheck Protection Program fraud qui tam action under the False Claims Act.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Trusted by Legal Professionals

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10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
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Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs