RICO has been used in pursuing all types of entities.
The treble damages part of RICO has undoubtedly attracted the attetion of tort litigators looking at Toyota.
Also, at what point do the alledged ill-gotten gains end?
Toyota would have to settle any such action at huge expense.
The federal conspiracy statute might also come into play, since all that would be needed would be to mine Toyota company e-mail for any discussion of how to manage information given to NHTSA.
An actual act need not have ocurred, IIRC, merely the contemplation of one in a discussion involving at least two employees.
The thing about a typical federal indictment is that usually a laundry list of charges are levied, bringing the possibility of running into long minimum sentences for losing on just one charge at trial.
Sometimes, just talking to the feds can land you in a federal prison.
Had Martha Stewart simply told the feds to go talk to her lawyers, rather than granting the courtesy of an interview, she would have walked.
Martha was in no way guilty of insider trading as the law was written.