Joseph J. Germinaro, et al. v. Fidelity National Title Insurance Company, et al.

Under Title XI of the Organized Crime Control Act of 1970 (also known as the Racketeer Influenced and Corrupt Organizations Act (“RICO”)), is there a brightline rule that the pattern of racketeering activity must extend beyond twelve months to satisfy “continuity,” as the Third Circuit and four of its sister circuits have held, or is the duration of the racketeering activity just one of several factors courts must weigh in assessing continuity, as seven other circuits have held, such that the subject nine-and-a-half month Ponzi scheme, which deceived the petitioners and thousands of other victims, out of hundreds of millions of dollars, is actionable under RICO?