Most legal scholars know about criminal provisions of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), but fewer know about its civil counterpart. Civil RICO is an important avenue in which plaintiffs may obtain treble damages when injured by corrupt racketeering activity. A plaintiff’s judicial success depends upon whether their claim satisfies requisite statute of limitations thresholds. While the Supreme Court defined a four-year statute of limitations rule under civil RICO, federal courts have yet to reach a consensus regarding when the statute of limitations begins to accrue.
The Supreme Court has explicitly rejected several accrual rules, including the “last predicate rule” and the “injury pattern and discovery rule.” Most circuits have implemented the “injury discovery rule,” which provides that the statute of limitations starts when a plaintiff knew or should have known of their injury. Justice Antonin Scalia, however, voiced his support for the “Clayton Act rule,” wherein the statute of limitations accrues whether or not the plaintiff knows of the injury at issue.
This Note argues in support of adopting the Clayton Act rule. The Clayton Act rule reflects congressional intent to treat racketeering and antitrust laws similarly. The Clayton Act rule also exhibits fewer flaws outlined by the Supreme Court in rejecting the last predicate rule and the injury pattern and discovery rule. Importantly, the Clayton Act rule aligns with and advances RICO’s goals of promoting efficiency and fairness. As such, the Supreme Court should expressly recognize the Clayton Act rule. Lower courts should look to prior Clayton Act and RICO cases for guidance and remain committed to furthering RICO’s aims.
* J.D. Candidate, 2026, University of Illinois College of Law; B.A., 2022, The George Washington University. I would like to thank Professor Eric Johnson for his invaluable guidance, detailed feedback, and constant encouragement throughout the writing process. I would also like to thank the editors and members of the University of Illinois Law Review for their thoughtful edits on this Note. I dedicate this Note to my parents, Frank and Meredith, and my sister, April, who have always supported my passion for the law. I also dedicate this Note to Luke Henkel, who sparked my interest in RICO.
The full text of this Note is available to download as a PDF.