NRS
207.470 Civil actions for damages resulting from racketeering.
1. Any person who is injured in his or her
business or property by reason of any violation of NRS 207.400 has a cause of action against a
person causing such injury for three times the actual damages sustained. An
injured person may also recover attorney’s fees in the trial and appellate
courts and costs of investigation and litigation reasonably incurred. The
defendant or any injured person in the action may demand a trial by jury in any
civil action brought pursuant to this section. Any injured person has a claim
to forfeited property or the proceeds derived therefrom and this claim is
superior to any claim the State may have to the same property or proceeds if
the injured person’s claim is asserted before a final decree is issued which
grants forfeiture of the property or proceeds to the State.
2. A final judgment or decree rendered in
favor of the State in any criminal proceeding under NRS 205.322 or 207.400 estops the defendant in any
subsequent civil action or proceeding from denying the essential allegations of
the criminal offense.
3. Any civil action or proceeding under
this section must be instituted in the district court of the State in the
county in which the prospective defendant resides or has committed any act
which subjects him or her to criminal or civil liability under this section or NRS 205.322, 207.400 or 207.460.
4. Any civil remedy provided pursuant to
this section is not exclusive of any other available remedy or penalty.
(Added to NRS by 1983,
1501)
Notes of Decisions
Cited in
22
cases (
5 in the last 5 years), 1988–2025 · leading case:
Hale v. Burkhardt, 764 P.2d 866 (Nev. 1988).
Hale v. Burkhardt, 764 P.2d 866 (Nev. 1988).
· cites it 11× “Hale’s fourth cause of action 1 was brought under Nevada’s civil racketeering statute, NRS 207.470, and alleged that Burkhardt violated Nevada’s criminal racketeering statute, NRS 27.”
Siragusa v. Brown, 971 P.2d 801 (Nev. 1998).
· cites it 6× “[7] Dismissal of the Nevada RICO claims In the instant complaint, Joanne set forth three claims against Brown seeking relief under Nevada's civil RICO statute, NRS 207.470. [8] The complaint asserts that Brown violated NRS 207.”
Allum v. Valley Bank of Nevada, 849 P.2d 297 (Nev. 1993).
· cites it 5× “A potent provision, NRS 207.470(1), provides: Any person who is injured in his business or property by reason of any violation of NRS 207.”
WMCV PHASE 3, LLC v. Shushok & McCoy, Inc., 750 F. Supp. 2d 1180 (D. Nev. 2010).
· cites it 3× “RICO Under NRS § 207.470 The Nevada Supreme Court requires a plaintiff bringing a civil RICO claim under state law to articulate the factual allegations constituting the RICO claim directly under the portion of the Complaint dedicated to the RICO claim: A civil RICO pleading…”
Dummar v. Lummis, 543 F.3d 614 (10th Cir. 2008).
“See Nev. Rev.Stat. § 207.470 (civil damages provision).”
Forsyth v. Humana, Inc., 827 F. Supp. 1498 (D. Nev. 1993).
· cites it 3× “First, under this Order, Plaintiffs are not without an ERISA remedy. The Co-Payor Class properly may file an Amended Complaint to state a claim under § 1132(a)(1)(B).”
Century Sur. Co. v. Prince, 265 F. Supp. 3d 1182 (D. Nev. 2017).
“Century’s first claim is brought under the Nevada Racketeer Influenced and Corrupt Organizations Act (“RICO”) per NRS 207.470. (Id. at 12-18). Century brings a second claim for civil conspiracy, alleging that defendants Prince, Ranalli, and Esparza engaged in a “bad faith…”
Brown v. Fed. Sav. & Loan Ins., 777 P.2d 361 (Nev. 1989).
“This tends to make the award appear to be a sort of fine, imposed by the jury, rather than an assessment of “actual damages sustained,” as required under NRS 207.470(1). The jury’s verdict, finding that State Savings was damaged in the amount of $100,000.”
Seres v. Lerner, 102 P.3d 91 (Nev. 2004).
“215 or NRS 207.470 upon the felon’s entitlement to publication proceeds, this language only defines the nature of a victim’s liability claim.”
— Nev. Rev. Stat. § 207.470(1) — 4 cases
Allum v. Valley Bank of Nevada, 849 P.2d 297 (Nev. 1993).
“A potent provision, NRS 207.470(1), provides: Any person who is injured in his business or property by reason of any violation of NRS 207.”
Siragusa v. Brown, 971 P.2d 801 (Nev. 1998).
“[7] Dismissal of the Nevada RICO claims In the instant complaint, Joanne set forth three claims against Brown seeking relief under Nevada's civil RICO statute, NRS 207.470. [8] The complaint asserts that Brown violated NRS 207.”
Brown v. Fed. Sav. & Loan Ins., 777 P.2d 361 (Nev. 1989).
“This tends to make the award appear to be a sort of fine, imposed by the jury, rather than an assessment of “actual damages sustained,” as required under NRS 207.470(1). The jury’s verdict, finding that State Savings was damaged in the amount of $100,000.”
— Nev. Rev. Stat. § 207.470(2) — 1 case
Hale v. Burkhardt, 764 P.2d 866 (Nev. 1988).
“Hale’s fourth cause of action 1 was brought under Nevada’s civil racketeering statute, NRS 207.470, and alleged that Burkhardt violated Nevada’s criminal racketeering statute, NRS 27.”
— Nev. Rev. Stat. § 207.470(3) — 1 case
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