What is the statute of limitations for civil RICO?

The statute of limitations for a civil RICO claim, including one brought under 18 U.S.C. § 1962(a), is four years.[1] The Supreme Court held that civil RICO actions borrow the Clayton Act’s four-year limitations period in Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143 (1987).[1]

Short answer

Civil RICO under 18 U.S.C. § 1962(a) is subject to a four-year limitations period.[1]

Supporting authority

In Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143 (1987), the Court selected the four-year period from 15 U.S.C. § 15b for civil RICO claims generally.[1] That rule applies across civil RICO provisions, not just 18 U.S.C. § 1962(c), so it also governs claims under 18 U.S.C. § 1962(a).[1]

The Ninth Circuit has applied the same four-year limitations period to civil RICO claims and has reiterated that a plaintiff’s claim accrues when the plaintiff knows or should know of the injury.[1] Specifically, the court in Grimmett v. Brown, 75 F.3d 506 (9th Cir. 1996) stated that “[t]he statute of limitations for a civil RICO claim is four years.”[1]

Practical note

For accrual in the Ninth Circuit, the limitations clock generally starts when the plaintiff knows or should know of the injury, not when the plaintiff discovers the pattern or every element of the RICO scheme.[1]