NC General Statutes

N.C. Gen. Stat. § 75D-4 (2026)

Prohibited activities

✓ current as of July 2026

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(a) No person shall:

(1) Engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money; or

(2) Conduct or participate in, directly or indirectly, any enterprise through a pattern of racketeering activity whether indirectly, or employed by or associated with such enterprise; or

(3) Conspire with another or attempt to violate any of the provisions of subdivision (1) or (2) of this subsection.

(b) Violation of this section is inequitable and constitutes a civil offense only and is not a crime, therefore a mens rea or criminal intent is not an essential element of any of the civil offenses set forth in this section. (1985 (Reg. Sess., 1986), c. 999, s. 1; 1989, c. 489, s. 1.)

Notes of Decisions

Cited in 25 cases (5 in the last 5 years), 1989–2024 · leading case: Kaplan v. Prolife Action League of Greensboro, 475 S.E.2d 247 (N.C. Ct. App. 1996).

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Kaplan v. Prolife Action League of Greensboro, 475 S.E.2d 247 (N.C. Ct. App. 1996). · cites it 34× “Section 75D-8(c) provides, in pertinent part, "Any innocent person who is injured or damaged in his business or property by reason of any violation of G.S. 75D-4 involving a pattern of racketeering activity shall have a cause of action for three times the actual damages…”

In Re Bostic Constr., Inc., 435 B.R. 46 (Bankr. M.D.N.C. 2010). · cites it 5× “The Complaints also allege specific violations of all three subsections of N.C. Gen.Stat. § 75D-4, which allegedly constitute a pattern of racketeering activity.”

U.S. Tobacco Coop. Inc. v. Big South Wholesale of VA Inc, 899 F.3d 236 (4th Cir. 2018). “§ 1962 ; state law claims under the North Carolina RICO Act, N.C. Gen. Stat. § 75D-4 and the North Carolina Unfair and Deceptive Trade Practices Act, N.”

Taylor v. Bettis, 976 F. Supp. 2d 721 (E.D.N.C. 2013). · cites it 3× “Like its federal counterpart, the NC RICO statute provides a private right of action for “[a]ny innocent person who is injured or damaged in his business or property by reason of any violation of G.S. 75D-4 involving a pattern of racketeering activity.”

Delk v. ArvinMeritor, Inc., 179 F. Supp. 2d 615 (W.D.N.C. 2002). · cites it 4× “Section 75D-4 provides that: (a) No person shall: (1) "Engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any…”

State Ex Rel. Thornburg v. House & Lot, 432 S.E.2d 684 (N.C. 1993). · cites it 6× “" N.C.G.S. § 75D-4(b). The nature of the proceedings themselves fail to meet the criteria traditionally associated with penal or punitive actions.”

Anderson v. Coastal Cmtys. at Ocean Ridge Plantation, Inc., 2012 NCBC 33 (N.C. Bus. Ct. 2012). · cites it 7× “Their Motion as to such Claims should be GRANTED, and those Claims should be DISMISSED.”

AARP v. Am. Fam. Prepaid Legal Corp., Inc., 604 F. Supp. 2d 785 (M.D.N.C. 2009). · cites it 2× “) N.C. Gen.Stat. § 75D-4; Delk v. ArvinMeritor, Inc.”

Gilmore v. Gilmore, 748 S.E.2d 42 (N.C. Ct. App. 2013). · cites it 2× “Pecuniary Gain Element “[T]he scope of NC RICO is limited to cases where pecuniary gain is derived from organized unlawful activity prohibited under the statute.”

U.S. Tobacco Coop., Inc. v. Big S. Wholesale of Va., LLC, 365 F. Supp. 3d 604 (E.D.N.C. 2019). · cites it 2× “§ 1962 (d) or N.C. Gen. Stat. § 75D-4(a)(3). While an agreement to commit every part of the underlying criminal conduct is not necessary to establish RICO conspiracy liability, the "partners in the criminal plan must agree to pursue the same criminal objective .”

Keesling v. Beegle, 880 N.E.2d 1202 (Ind. 2008). · cites it 2× “400(1)(c) (2005); N.C. Gen.Stat. Ann. § 75D-4(a)(2) (2007); Ohio Rev.”

State ex rel. Thornburg v. Currency in the amount of $52,029.00 in U.S. Currency, 378 S.E.2d 1 (N.C. 1989). · cites it 3× “N.C.G.S. § 75D-4(a) (1987). *281 A RICO forfeiture proceeding is a civil in rem proceeding against property, which is instituted by complaint and prosecuted only by the Attorney General of North Carolina or his designated representative.”

Show all 25 citing cases →

— N.C. Gen. Stat. § 75D-4(a) — 6 cases

Taylor v. Bettis, 976 F. Supp. 2d 721 (E.D.N.C. 2013). “Like its federal counterpart, the NC RICO statute provides a private right of action for “[a]ny innocent person who is injured or damaged in his business or property by reason of any violation of G.S. 75D-4 involving a pattern of racketeering activity.”

State ex rel. Thornburg v. Currency in the amount of $52,029.00 in U.S. Currency, 378 S.E.2d 1 (N.C. 1989). “N.C.G.S. § 75D-4(a) (1987). *281 A RICO forfeiture proceeding is a civil in rem proceeding against property, which is instituted by complaint and prosecuted only by the Attorney General of North Carolina or his designated representative.”

Se. Anesthesiology Consultants, Pllc v. Rose, 2019 NCBC 62 (N.C. Bus. Ct. 2019).

Avadim Health, Inc. v. Daybreak Cap. Partners, LLC, 2021 NCBC 73 (N.C. Bus. Ct. 2021).

Hart v. First Oak Wealth Mgmt., LLC, 2022 NCBC 41 (N.C. Bus. Ct. 2022).

— N.C. Gen. Stat. § 75D-4(a)(1) — 3 cases

Jacobs v. Physicians Weight Loss Ctr., 620 S.E.2d 232 (N.C. Ct. App. 2005).

Sunbelt Rentals, Inc. v. Guzman (W.D.N.C. 2022).

— N.C. Gen. Stat. § 75D-4(a)(2) — 2 cases

Anderson v. Coastal Cmtys. at Ocean Ridge Plantation, Inc., 2012 NCBC 33 (N.C. Bus. Ct. 2012). “Their Motion as to such Claims should be GRANTED, and those Claims should be DISMISSED.”

Keesling v. Beegle, 880 N.E.2d 1202 (Ind. 2008). “400(1)(c) (2005); N.C. Gen.Stat. Ann. § 75D-4(a)(2) (2007); Ohio Rev.”

— N.C. Gen. Stat. § 75D-4(a)(3) — 1 case

U.S. Tobacco Coop., Inc. v. Big S. Wholesale of Va., LLC, 365 F. Supp. 3d 604 (E.D.N.C. 2019). “§ 1962 (d) or N.C. Gen. Stat. § 75D-4(a)(3). While an agreement to commit every part of the underlying criminal conduct is not necessary to establish RICO conspiracy liability, the "partners in the criminal plan must agree to pursue the same criminal objective .”

— N.C. Gen. Stat. § 75D-4(a)(l) — 2 cases

Delk v. ArvinMeritor, Inc., 179 F. Supp. 2d 615 (W.D.N.C. 2002). “Section 75D-4 provides that: (a) No person shall: (1) "Engage in a pattern of racketeering activity or, through a pattern of racketeering activities or through proceeds derived therefrom, acquire or maintain, directly or indirectly, any interest in or control of any…”

Jacobs v. Physicians Weight Loss Ctr. of Am., Inc., 173 N.C. App. 663 (N.C. Ct. App. 2005).

— N.C. Gen. Stat. § 75D-4(b) — 2 cases

State Ex Rel. Thornburg v. House & Lot, 432 S.E.2d 684 (N.C. 1993). “" N.C.G.S. § 75D-4(b). The nature of the proceedings themselves fail to meet the criteria traditionally associated with penal or punitive actions.”

State ex rel. Thornburg v. Lot & Bldgs. at 800 Waughtown St., Tax Block 741, Lot 101A, 421 S.E.2d 374 (N.C. Ct. App. 1992).

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