The Federal RICO statute defines “racketeering activity” as:

(1) ‘racketeering activity’ means . . . (B) any act which is indictable under any of the following provisions of title 18, United States Code: . . . section 1341 [18 USC §1341] (relating to mail fraud) . . . 11



An insurance carrier who has received two or more bills from a medical provider in which the services or supplies were not provided, like the provider in Fair Price, can assert a RICO cause of action against the provider as a counterclaim. By submitting NF-3 forms for services or supplies that were not provided to the assignor, the medical provider is in violation of 18 USC §1341, which sets forth:

Whoever, having devised or intending to devise any scheme or artifice . . . for obtaining money or property by means of false or fraudulent pretenses, representations, or promises . . . for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service . . . shall be fined under this title or imprisoned not more than 20 years, or both. 12

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