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Rico creates a civil cause of activity for "any man injured in his business or property by guess of a violation of section 1962." 18 U.S.C. § 1964(c).

What are the elements of a Rico cause of action? To state a Rico claim under § 193 there must be:
1. A man who engages in,
2. A pattern of racketeering activity,
3. Associated to the acquisition, establishment, guide or control of an enterprise.

The following cases in the Texas Federal Courts have addressed Rico claims that were unsubstantiated by the evidence:

Purdie was a class activity case where the plaintiff's were alleging violation of federal Rico laws when a paycheck cashing business assertedly expensed usurious interest rates on pay day loans. The court dismissed the Rico claims because the plaintiff's failed to sufficiently plead the existence of a Rico business that was inescapable from the Defendants' predicate acts of the collection of unlawful debt. The focus of this concept was more about class certification, but it did discuss briefly the Rico dismissal.

In Rogers, a pro se plaintiff sued the lottery commission and two other private defendants claiming violations of Rico, asserting that he was the true winner of the lottery, but the private defendants stole the mark from him in order to derive the proceeds. The private defendants filed a request for retrial to dismiss the Rico claims for failure to state a claim and the court granted the motion.

With regard to the first element the plaintiff must profess a man and this includes "any private or entity capable of holding a legal or useful interest in property." The pro se plaintiff in this case properly plead that Doyle and Nancy Mitchell were the "persons" complex in this allegation

Pattern of Racketeering activity - courts have stated that Congress intended to proscribe the "Rico person" from piquant in continuous threats or acts of racketeering. Therefore, this element requires a showing of both predicate acts and a pattern of such acts. Additionally, if alleged Rico predicate acts are a part of a single, otherwise valid transaction, a "pattern of racketeering" has not been established. In this case, the plaintiff alleged that the defendants engaged in a pattern of racketeering, but the plaintiff failed to profess definite facts in his complaint to preserve these conclusory allegations.

Enterprise - in order to avoid a Rule 12(b)(6) extraction for failure to state a claim, a plaintiff must also plead definite facts, and not mere conclusory allegations, which found the existence of an enterprise. The business must be an entity separate and apart from the pattern of activity in which it engages.