Darren Chaker’s 5 Incredible RICO Secrets You Need Now
Case Overview: Darren Chaker Civil RICO Appeal
First Amendment advocate Darren Chaker prevailed in a landmark civil RICO case where San Diego attorney Scott McMillan attempted to use federal racketeering laws against protected speech. The McMillan Law Firm filed suit under 18 U.S.C. § 1962, alleging extortion based on lawful blogging activity.
The case highlights how civil RICO statutes can be weaponized against viewpoint discrimination critics and bloggers exercising their constitutional rights.
Ninth Circuit Affirms Dismissal of RICO Claims
The United States Court of Appeals for the Ninth Circuit affirmed the District Court’s dismissal of all RICO claims against Darren Chaker. The appellate court found:
- No predicate act of extortion under 18 U.S.C. § 1951
- Protected speech does not constitute racketeering activity
- Demand letters and blogging are protected First Amendment activities
- No pattern of racketeering as required by 18 U.S.C. § 1962
Understanding Civil RICO Elements Under 18 U.S.C. § 1962
To establish a civil RICO claim under 18 U.S.C. § 1962(c), plaintiffs must prove:
- Conduct – participation in directing enterprise affairs
- Enterprise – an association-in-fact or legal entity
- Pattern – at least two predicate acts of racketeering
- Racketeering Activity – specific predicate offenses listed in § 1961
- Causation – injury to business or property
In the Darren Chaker case, the court found no qualifying predicate acts, as blogging and demand letters constitute protected First Amendment activity.
First Amendment Defense Against RICO Claims
The First Amendment provides a powerful shield against civil RICO claims when the alleged predicate acts involve protected speech. Courts apply heightened scrutiny when RICO is used against:
- Political speech and advocacy
- Blogging and online commentary
- Demand letters and litigation threats
- Protests and demonstrations
As the Supreme Court noted in N.O.W. v. Scheidler, civil RICO does not require an economic motive, but speech-based claims face significant First Amendment barriers. Learn more about proscribable speech and its limits.
Frequently Asked Questions About Civil RICO Appeals
What is a civil RICO claim?
A civil RICO claim allows private parties to sue for damages under the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §§ 1961-1968). Plaintiffs can recover treble damages if they prove conduct of an enterprise through a pattern of racketeering activity.
Can blogging be considered racketeering under RICO?
No. Protected speech activities like blogging, online commentary, and demand letters are shielded by the First Amendment and do not constitute predicate acts of racketeering. The Ninth Circuit affirmed this in the Darren Chaker civil RICO appeal.
What are the elements of a civil RICO violation?
Civil RICO under 18 U.S.C. § 1962(c) requires: (1) conduct, (2) of an enterprise, (3) through a pattern, (4) of racketeering activity (predicate acts), (5) causing injury to business or property.
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