News & Analysis as of

RICO Fraud

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Issues New RICO Decision

The Supreme Court’s decision clarifies the civil damages provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act. On April 2, 2025, the Supreme Court issued a decision in Medical Marijuana, Inc. v. Horn,...more

Kilpatrick

RICO class actions in the employment context – Georgia federal court denies motion to dismiss Georgia RICO claim based on...

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Takeaway: A civil RICO claim – especially one framed as a putative class action – can be a powerful cause of action, given the civil remedies for RICO violations, which include treble damages and mandatory fee-shifting. ...more

Carlton Fields

The Mystery Continues: IUL Proprietary Indices Challenged in RICO Suit

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Since the enactment of the Racketeer Influenced and Corrupt Organizations (RICO) Act, it has been invoked in civil litigation with mixed results. Congress did not intend for RICO to become a surrogate for plaintiffs’ state...more

Fisher Phillips

SCOTUS Predictions: Cannabis Product Makers Won’t Face Triple Damages Under RICO Law for Driver’s Failed Drug Test

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A commercial truck driver who lost his job after failing a drug test wants to hold cannabis product makers liable under a federal racketeering law – and the case has worked itself all the way up to the U.S. Supreme Court. The...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - March 2024 Updates

In the House, lawmakers continue to make progress on the Clarity for Stablecoins Act (H.R. 4766). On March 19, at a press event hosted by Punchbowl News on the policy landscape for digital payments, outgoing House Financial...more

Seward & Kissel LLP

Diamond Shining On, Airlines Crashing, and Conspiracy Theory

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Amazon to invest in Diamond Sports as part of bankruptcy deal | ABC News - Diamond Sports has been in Chapter 11 bankruptcy proceedings since it filed for protection last March with debt of $8.67 billion. Amazon will partner...more

Jones Day

District Court Awards Sanctions for False RPI Identification

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The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest.  While that might seem like a mere formality, a false disclosure can lead to very harsh consequences....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Topics in Products Liability Law: Split in Authority Regarding the Indirect Purchaser Rule as a Bar to a Products Liability...

There is an emerging trend in products liability law whereby a plaintiff styles a case as a RICO claim, but at its core the gravamen of the dispute is an extension of a products liability action. In a recent installment of...more

Marshall Dennehey

New Jersey Court Reviews No-fault Law’s Language and Finds That There Was Nothing Preventing an Arbitrator From Hearing Common Law...

Marshall Dennehey on

GEICO, et al. v. Caring Pain Management PC, et al., Case No. 2:22-cv-05017(BRM)(JSA) 2023 WL 3749984 (U.S.D.C. District of New Jersey May 31, 2023) - The defendants (a series of medical providers) filed a motion to dismiss,...more

King & Spalding

U.S. Supreme Court Holds Plaintiffs May Use RICO to Enforce Foreign Arbitral Awards

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In a January 17, 2023 Client Alert, we addressed the U.S. Supreme Court’s decision to grant certiorari in CMB Monaco v. Smagin and Yegiazaryan v. Smagin, two cases which concern the use of the Racketeer Influenced and Corrupt...more

Kilpatrick

RICO class actions: D. Conn. rules that legal entity must have or share a common fraudulent purpose to qualify as a RICO...

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Takeaway: There are, essentially, two ways to defeat a RICO class action: through the denial of class certification or by the dismissal of the RICO claims on the merits. We have written a number of articles about both the...more

Troutman Pepper Locke

Mail and Wire Fraud Claims - RICO Report Podcast

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Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

King & Spalding

The U.S. Supreme Court Agrees to Decide Cases Regarding Whether and When Non-U.S. Plaintiffs May Use RICO to Enforce Foreign...

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On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more

Saiber LLC

Third Circuit Clarifies Authority to Review Remand Orders

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In a recent precedential opinion authored by Circuit Judge Patty Shwartz, Dirauf v. Berger (3d Cir. Dec. 28, 2022), a panel of the United States Court of Appeals for the Third Circuit clarified when it has jurisdiction to...more

Kilpatrick

Fifth Circuit: civil RICO class action against Southwest Airlines and Boeing cannot stand for lack of Article III injury-in-fact

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Takeaway: Over two years ago, the Eastern District of Texas denied a motion to dismiss a putative civil RICO class action alleging an “overcharge-by-fraud” theory, where the class representatives appeared to have suffered no...more

Troutman Pepper Locke

The “Pattern” of Racketeering Activity - Regulatory Oversight Podcast

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This edition of Regulatory Oversight spotlights recent RICO Report Podcast episode “Pattern of Racketeering Activity,” featuring two firm Regulatory Practice Group attorneys Chris Carlson and Mary Grace Metcalfe. In this...more

Perkins Coie

RICO Suit Filed Regarding Alleged Inflation of THC Amounts in Medical Cannabis Products

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A class-action lawsuit was filed on July 12 in the U.S. District Court for the Eastern District of Arkansas alleging that cannabis testing companies inflated the amount of THC found in cannabis flower...more

Brownstein Hyatt Farber Schreck

Defending RICO Claims in the Business Context Part II: RICO Claims Must Allege Injury to Business or Property

In Part I of this series Defending RICO Claims in the Business Context, we described why a plan to defend against potential claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68,...more

King & Spalding

Southern District of New York Dismisses Claims Alleging “Loan-to-Own” Scheme

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On March 4, 2022, Judge Lewis Liman of the U.S. District Court for the Southern District of New York dismissed an 18-count complaint alleging a multi-year “loan-to-own” conspiracy—including claims of fraud, RICO and money...more

Troutman Pepper Locke

Second Circuit Decision Potentially Broadens RICO Proximate Cause Element

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The Second Circuit Court of Appeals recently issued an opinion that potentially broadens the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO’s proximate...more

Brownstein Hyatt Farber Schreck

Defending Civil RICO Claims: A Defense Plan Should Be in Every Business’s Arsenal

Congress passed the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Sections 1961–68, over 51 years ago with the intent to close the gap in the criminal prosecution of organized crime. So why should...more

Freeman Law

DOJ-Tax Alleges President of We Build the Wall Filed a False Tax Return and Committed Wire Fraud

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Taxpayers who file false tax returns with the IRS can find themselves in hot water.  Indeed, section 7206(1) of the Internal Revenue Code (“Title 26”) makes it a felony to file a false return when the taxpayer knows that the...more

Vinson & Elkins LLP

Business School Ranking Scandal Tests The Scope Of Federal Fraud Statutes

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A grand jury in Pennsylvania recently indicted the former Dean of Temple University’s business school, Dr. Moshe Porat, for wire fraud, alleging that he submitted false data to U.S. News & World Report in an effort to...more

King & Spalding

Southern District of Florida Dismisses RICO Claims in Putative Automotive Class Action

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On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a...more

King & Spalding

New Jersey District Court Rejects RICO Claim in BMW “Clean Diesel” Case Under “Indirect Purchaser” Rule

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On February 2, 2021, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey declined to reconsider his dismissal of a RICO claim in a putative class action against BMW and automotive part supplier...more

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