What Kim must prove in her RICO claims

The nine jurors failed to reach a verdict on Friday, the second day of their deliberations in the ongoing jury trial in federal court of businesswoman Jung Ja Kim’s racketeering lawsuit against attorney Ramon K. Quichocho, his wife Frances, his law firm, and their Karissa LLC company.
The jurors deliberated the whole day of Friday. Shortly before 5pm, U.S. District Court for the NMI Chief Judge Ramona V. Manglona excused them and ordered them to resume today, Monday.

Kim asserts eight claims against the Quichochos and co-defendants: three counts of Racketeer Influenced and Corrupt Organization Act, one count of legal malpractice: professional negligence, one count of legal malpractice: breach of fiduciary duty, one count of breach of lease, one count of conversion, and one count of fraud.

The Quichochos, the law office, and Tan Dingo LLC, are also suing Kim for conversion, interference with marital relationship, unjust enrichment, quantum meruit, and fraud.

The racketeering or RICO claims are said to be the most complicated among the 13 claims and counterclaims. So how will the jurors decide on such claims?

According to Manglona’s jury instructions, in order for Kim’s first RICO claim to succeed, she must prove each of the following elements by a preponderance of evidence: That the Quicochos engaged in a pattern of racketeering activity; through the pattern of racketeering activity, the couple acquired or maintained, directly or indirectly, an interest in or control of an enterprise; and the enterprise engaged in, or had some effect on, interstate or foreign commerce.

The instructions defined racketeering activity as an act that violates wire fraud and money laundering laws.

To succeed in Kim’s second RICO claim, she must prove each of the five facts by a preponderance of evidence: 1. The existence of an enterprise; 2. The enterprise engaged in, or had some effect on, interstate or foreign commerce; 3. The Quichochos were employed by or associated with the alleged enterprise; 4.The Quichochos participated, either directly or indirectly, in the conduct of the affairs of the enterprise; 5. The Quichochos participated through a pattern of racketeering activity.

To succeed in Kim’s third RICO claim, the jurors must decide if Kim has proved by a preponderance of evidence whether two or more of the defendants engaged in a conspiracy to violate RICO.