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Litigation glossary
Legal structure

Pattern of Racketeering Activity

A pattern of racketeering activity requires at least two related predicate acts that together show continuity, either as a closed period of repeated conduct or an open-ended threat of continued conduct.

Beyond simply counting predicate acts, RICO's pattern requirement demands that the acts be related to one another and that they demonstrate continuity — either 'closed-ended' continuity, meaning a series of related predicate acts extending over a substantial period, or 'open-ended' continuity, meaning the acts by their nature carry a threat of repetition into the future.

Relatedness looks at whether the predicate acts share common participants, victims, methods, or goals. Continuity is often the harder element to plead: a single scheme with a defined endpoint and no threat of repetition may satisfy relatedness but fail continuity, defeating the pattern requirement even where multiple predicate acts are alleged.

A Juricratic simulation represents pattern strength as a joint function of two sub-dials — relatedness and continuity — so a claim with clearly related but non-continuing conduct reads as structurally weak on pattern, distinct from a claim that fails on predicate acts themselves.

In litigation

How it actually shows up

RICO litigators build a factual narrative connecting predicate acts by common actors, methods, and objectives, and separately develop evidence of either an extended timeframe or an ongoing threat, since courts dismiss pattern allegations that show only isolated, unrelated, or clearly concluded conduct.

Questions
Is two predicate acts always enough for a pattern?
No; two acts are the statutory minimum, but the acts must also be related and show continuity.
What is the difference between closed-ended and open-ended continuity?
Closed-ended continuity involves related acts over a substantial past period; open-ended continuity involves an ongoing threat of future repetition.
Can a single, completed scheme satisfy the pattern requirement?
It can be difficult, since a scheme with a clear endpoint and no threat of repetition may fail the continuity element even if predicate acts are related.

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