NEW JERSEY DIVORCE LAWYER: RICO

Defendant sought to plead a cause of action for an alleged violation of the New Jersey Racketeer Influenced and Corrupt Organizations statute (RICO). The claim was that plaintiff supposedly participated with the third-party defendant New Jersey attorney to defraud his ex-wife of equitable distribution by giving plaintiff title to his properties. The court denies the motion, finding that the essential elements of a RICO claim are not present. Mere complaints about misconduct related to a matrimonial action trivialize the statute; they do not violate it. "In its haste to accuse plaintiff and the third-party defendant of unfathomable evils, defendant has failed to recognize the statutory purpose [of RICO] and improperly confused wrongful conduct with conduct that subverts enterprises through racketeering."     Wade v. Rinkleur & Assocs., Inc. v. Baldinger, New Jersey Law Div., Hunterdon Cty., April 3, 2006