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Question
Leviathan Corp. has filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS has asked the court to dismiss the case for two reasons: first, Leviathan did not allege, and cannot prove, that NBS is connected in any way with organized crime, as that term is customarily used; and second, Leviathan did not allege, and cannot prove, that NBS was criminally convicted of a predicate offense. Should NBS succeed with these arguments? Explain your reasoning.
Answer
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