A. A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three times the actual damages proved and the costs of the suit, including reasonable attorney's fees.
B. The state may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the Racketeering Act.
C. The district court has jurisdiction to prevent, restrain and remedy racketeering as defined in Subsection A of Section 30-42-3 NMSA 1978 after making provision for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include but are not limited to entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.
D. Following a determination of liability, such orders may include but are not limited to:
(1) ordering any person to divest himself of any interest, direct or indirect, in any enterprise;
(2) imposing reasonable restrictions on the future activities or investments of any person;
(3) ordering dissolution or reorganization of any enterprise;
(4) ordering the payment of three times the damages proved to those persons injured by racketeering; and
(5) ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by the state to be paid to the general fund of New Mexico.
History: 1978 Comp., § 30-42-6, enacted by Laws 1980, ch. 40, § 6.
ANNOTATIONSPlaintiff must show actual injury. — To state a claim under this section, plaintiff must allege an actual injury; mere conclusory allegations that a prison warden jeopardized safety of employees and inmates by failing to enforce provisions of a food service contract did not meet the "actual injury" requirement. Peterson v. Shanks, 149 F.3d 1140 (10th Cir. 1998).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 A.L.R.4th 654.
Civil action for damages under 18 USCS § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act (RICO, 18 USCS §§ 1961 et seq.) for injuries sustained by reason of racketeering activity, 70 A.L.R. Fed. 538.
Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 A.L.R. Fed. 881.
Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 A.L.R. Fed. 657.