2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 14 - Racketeer Influenced and Corrupt Organizations
§ 16-14-9. Civil Remedies as Supplemental and Not Mutually Exclusive
The application of one civil remedy under this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental and not mutually exclusive.
(Code 1933, § 26-3408, enacted by Ga. L. 1980, p. 405, § 1; Ga. L. 2015, p. 693, § 2-25/HB 233.)
Editor's notes.- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
JUDICIAL DECISIONS
Fraud and RICO actions.
- Since the requisite predicate acts in the insureds' Racketeer Influenced and Corrupt Organizations (RICO) Act, O.C.G.A. § 16-14-1 et seq., claim could stand alone as a separate cause of action for fraud, the jury found the insurer guilty of both fraud and RICO violations, and because the insurer did not challenge the form of the verdict on appeal, its claim that the insureds' fraud claim was barred by the election of remedies doctrine was rejected. St. Paul Fire & Marine Ins. Co. v. Clark, 255 Ga. App. 14, 566 S.E.2d 2 (2002).
When each of the victims of a fraudulent scheme sued the perpetrator for fraud and related claims, the victims could have also sued the perpetrator under the Georgia Racketeer Influenced and Corrupt Organizations Act (RICO), O.C.G.A. § 16-14-1 et seq., in the same action, and the victims should have raised such a claim in those actions because, when the victims did not, and lost the victims' suits against the perpetrator, the victims were barred by collateral estoppel and res judicata from filing RICO claims against the perpetrator at a later time. Austin v. Cohen, 268 Ga. App. 650, 602 S.E.2d 146 (2004).
