Civil RICO Four-Year Limitations: Accrual Rules and Equitable Tolling Guidance
In-house counsel representing parties in civil RICO claims or defenses must account for circuit splits on accrual timing and tolling eligibility to avoid time-barred filings or successful dismissal arguments.
The article outlines the four-year statute of limitations governing civil RICO claims, details conflicting circuit rules on when claims accrue (either upon a plaintiff’s discovery of injury or completion of the last predicate act supporting the RICO claim), and explains the narrow, specific circumstances where equitable tolling may extend the standard filing deadline. In-house counsel should audit all pending or potential civil RICO matters to confirm filing timelines align with the governing circuit’s accrual standard, and assess whether tolling arguments are viable for both pursuing late-filed claims and defending against untimely suits filed by opposing parties.