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"(c)(1) Any person may institute a proceeding under

2 subsection (a) of this section.

3 "(2) In any proceeding brought by any person under 4 subsection (a) of this section, relief shall be granted in con5 formity with the principles which govern the granting of in6 junctive relief from threatened loss or damage, including the 7 possibility that any judgment for money damages might be 8 difficult to execute, in other cases, but no showing of special 9 or irreparable injury shall have to be made.

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"(3) Upon the execution, in the discretion of the court, 11 of a proper bond against damages for an injunction improvi12 dently granted, a temporary restraining order and a prelimi13 nary injunction may be issued in any proceeding under sub14 section (a) of this section before a final determination of it 15 upon its merits. Such undertaking shall not be required when 16 the applicant is a State or territory of the United States. "(4) If the person who brings a proceeding under sub

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18 section (a) of this section substantially prevails, his recovery 19 shall include the costs of the action, including a reasonable 20 attorney's fee in the trial and appellate courts.

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"(d) Whenever the United States is, directly or indirect22 ly, injured in its business or property by reason of any viola23 tion of section 1962 of this chapter, the Attorney General 24 may bring a civil action in an appropriate United States dis25 trict court and shall recover threefold the actual damages,

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1 shown by a preponderance of evidence, sustained by it, and if 2 the United States substantially prevails, the costs of the

3 action, including the costs of investigations and litigation.

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"(e)(1) Any person who is, directly or indirectly, in

5 jured

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"(A) in his person by a crime of violence, or

"(B) in his business or property by reason of any violation of section 1962 of this chapter, may bring a civil action in an appropriate United States district court and shall recover threefold the actual damages, shown by a preponderance of evidence, sustained by him, and if the person who brings the action under this subsection substantially prevails, the costs of the action, including a reasonable attorney's fee in the trial and appellate courts.

"(2) Damages recovered under this subsection shall not

17 be limited to competitive or distinct injury.

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"(f) If the court determines that the filing of any plead19 ing, motion, or paper under subsection (c) or (e) of this sec20 tion was frivolous or that any action or proceeding was 21 brought or continued under subsection (c) or (e) of this section 22 in bad faith, vexatiously, wantonly, or for an improper or 23 oppressive reason, it shall award treble the actual costs of the 24 action or proceeding including a reasonable attorney's fee in 25 the trial and appellate courts, unless the court finds that spe

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1 cial circumstances, including the relative economic position of

2 the parties, make such an award unjust.

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"(g) Upon the filing of a civil action or proceeding under 4 subsection (c) or (e) of this section, the person filing the 5 action or proceeding shall immediately notify the Attorney 6 General in such manner as the Attorney General shall direct 7 by regulations. The United States may, upon timely applica8 tion, intervene in any civil action or proceeding brought 9 under subsection (c) or (e) of this section, if the proceeding is 10 of general public importance. In such action or proceeding, 11 the United States shall be entitled to the same relief as if it 12 had instituted the action or proceeding.

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"(h)(1) Notwithstanding any other provision of law pro14 viding a shorter period of limitation, any civil action or pro15 ceeding under subsection (c) or (e) of this section, shall be 16 barred unless it is commenced within five years after the un17 lawful conduct terminated or the cause of action otherwise 18 accrued, whichever is later.

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“(2) Whenever any civil action or criminal action or 20 proceeding is brought or intervened in by the United States 21 to prevent, restrain, sanction, or punish any violation of sec22 tion 1962 of this chapter, the running of the period of limita23 tions provided in this subsection with respect to any cause of 24 action arising under subsection (c) or (e) of this section, which 25 is based in whole or in part on any matter complained of in

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1 such action or proceeding by the United States, shall be sus2 pended during the pendency of such action or proceeding by 3 the United States and for two years after the pendency of 4 such action.

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"(i)(1) Notwithstanding any other provision of law, any 6 civil action or proceeding brought under subsection (c) or (e) 7 of this section, the underlying elements of which constitute 8 fraudulent activity, by any person, other than any attorney 9 general under subsection (1) of this section or a State or unit 10 of local government, shall be subject to the procedures of 11 chapter 1 of title 9 (relating to arbitration).

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"(2) Any claim resolved under the procedures of chapter 13 1 of title 9 (relating to arbitration) under this subsection shall 14 preclude the parties to such claim as to issues and claims 15 decided in such arbitration if—

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"(A) the party seeking to use issue or claim preclusion could not have jointed the previous proceedings;

"(B) the party against whom issue or claim preclusion would apply had incentive to fully litigate the

issue in the prior proceeding;

"(C) there have been no inconsistent rulings on

the issue in prior actions or proceedings; and

"(D) there are no new procedural opportunities available to the precluded party in the second action or

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proceeding or, if there are, they are not likely to cause

a result different from that of the first action or pro

ceeding.

"(j)(1) No action or proceeding may be brought under 5 subsection (c) or (e) of this section by a person, if the

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"(C) decedents estates; or

"(D) a landlord-tenant dispute.

"(2) No action or proceeding may be brought under sub

13 section (c) or (e) of this section by a person in connection with

14 and during a labor dispute.

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"(3) For the purposes of this subsection

"(A) 'domestic relations' means divorce, separa

tion, custody, support, or adoption;

"(B) 'products liability' means the liability of manufacturers or sellers to compensate buyers, users, or others for any damages suffered because of manufacturing or packaging defects in goods sold;

"(C) labor disputes' means any controversy concerning the terms or conditions of employment or concerning the association or representation of persons in

negotiating, fixing, maintaining, changing, or seeking

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