To demonstrate standing, a plaintiff must plead, at a minimum, “(1) the defendant's violation of 18 USC § 1962, (2) an injury to the plaintiff's business or property, and (3) causation of the injury by the defendant's violation. This third requirement is satisfied if the defendant's injurious conduct is both the factual and the proximate cause of the injury alleged.” Baisch v. Gallina, 346 F.3d 366 (2d Cir. 2003)
Correct. In order to survive a motion to dismiss, Byrne will have to show that his business or property has been damaged as a result of the racketeering activity, that he was the intended victim of the racketeering activity, and that the racketeering activity was the proximate cause of the injury. Stated another way, to survive a motion to dismiss, Byrne must allege in detail that defendants carried out or conspired to carry out a pattern of racketeering activity through the "Clinton enterprise" with the specific intent of causing harm to Byrne's business or property, and the harm was an intended and foreseeable consequence of the racketeering activity.
But the following implies an individual taxpayer could bring charges:
To demonstrate standing, a plaintiff must plead, at a minimum, “(1) the defendant's violation of 18 USC § 1962, (2) an injury to the plaintiff's business or property, and (3) causation of the injury by the defendant's violation. This third requirement is satisfied if the defendant's injurious conduct is both the factual and the proximate cause of the injury alleged.” Baisch v. Gallina, 346 F.3d 366 (2d Cir. 2003)
Which prevails?
I have not read the allegation in the complaint because the complaint is 210 pages, plus exhibits, and there is a download fee.