A securities fraud claim can be used as a predicate act in a civil case under the Racketeer Influenced and Corrupt Organizations Act regardless of whether the defendant has been criminally convicted in connection with the fraud.

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A securities fraud claim cannot be used as a predicate act in a civil RICO case unless the defendant has been criminally convicted in connection with the fraud, as per the Private Securities Litigation Reform Act of 1995.

A Securities Fraud Claim Can Be Used as a Predicate