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# Foster PC - The Nation's RICO Law Firm

The Nation's RICO Law Firm

## Sitemaps

- [XML Sitemap](https://www.fosterpc.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [RICO Law Blog](https://www.fosterpc.com/blog/) - Read our law blog for the latest insights and developments on on recent high profile RICO cases. White collar crimes, extortion, conspiracies, and more.
- [THE SUPREME COURT ALLOWS SOME PERSONAL INJURY DAMAGE SUITS TO BE BROUGHT UNDER RICO](https://www.fosterpc.com/blog/the-supreme-court-allows-some-personal-injury-damage-suits-to-be-brought-under-rico/) - In Medical Marijuana, Inc. v. Horn, the Supreme Court by a 5-4 majority, allowed a RICO claim stemming from a "personal injury" to proceed. The dispute centers around the meaning of "business or property" in RICO's civil damage provision, 18 U.S.C. sec. 1964(c). The Sixth, Seventh and Eleventh Circuits had interpreted this to exclude claims for damages
- [CAN ROBO-SIGNING CLASSIFY AS RACKETEERING?](https://www.fosterpc.com/blog/is-robo-signing-racketeering/) - Robo-signing is not a federal crime, but it can violate laws if tied to fraud, forgery, or deception. Learn more about how it could be linked to RICO.
- [MISUSING RICO: HOW A MISSOURI BANK'S LAWSUIT MISSES THE MARK](https://www.fosterpc.com/blog/missouri-bank-misuses-rico/) - A Missouri bank attempted to sue its customers under RICO for damaging its reputation, but their case was doomed from the start. Read the case study here.
- [THE SUPREME COURT CLARIFIES "DOMESTIC INJURY IN RICO CASES](https://www.fosterpc.com/blog/supreme-court-clarifies-domestic-injury-in-rico-law/) - The Supreme Court recently redefined "domestic injury" in RICO cases involving international disputes. Learn more about the ruling and its impact.
- [THE TRUMP RICO INDICTMENT IS LIKELY TO SUCCEED](https://www.fosterpc.com/blog/the-trump-rico-indictment-is-likely-to-succeed/) - This blog article examines the foundation of the Trump RICO indictment, breaking down why it appears legally sound and likely to succeed in court.
- [MARIJUANA RICO CASES HAVE FLOPPED](https://www.fosterpc.com/blog/marijuana-rico-cases-have-flopped/) - Curious about why attempts to use RICO laws against the marijuana industry have largely failed? Read our article on the legal challenges and implications.
- [LAWYERS BEWARE: MOST CASES DO NOT MEET RICO'S REQUIREMENTS](https://www.fosterpc.com/blog/most-cases-do-not-meet-rico-requirments/) - Lawyers must carefully assess whether all conditions for a valid RICO claim are met. Discover why many legal cases fail to meet the necessary criteria.
- [THE FOURTH CIRCUIT EASES 'DIRECT INJURY' REQUIREMENT FOR RICO LAWSUITS](https://www.fosterpc.com/blog/fourth-circuit-eases-direct-injury-requirement-in-rico-cases/) - The Fourth Circuit eased the "direct injury" requirement, allowing two victims to pursue lawsuits, impacting the legal landscape for telcom fraud cases.
- [HOW THE OPEN PATTERN OF RACKETEERING APPLIES ACROSS VARIOUS CASES](https://www.fosterpc.com/blog/open-pattern-of-racketeering-in-various-cases/) - Discover how the open pattern of racketeering, a key element in RICO cases, can apply to various legal scenarios. Read the full article here.
- [NATIVE AMERICAN TRIBE’S RICO CASE IS SMOKED OUT](https://www.fosterpc.com/blog/native-american-tribes-rico-case-is-smoked-out/) - The dismissed RICO case involving Native American tribes and tobacco industry involvement raises important issues, including tribal sovereignty.
- [NO RICO BRIBERY CASE AGAINST COM ED](https://www.fosterpc.com/blog/no-rico-bribery-case-against-com-ed/) - A court ruling dismissed a RICO bribery case against ComEd, highlighting that the electric company's actions did not meet the criteria for racketeering.
- [WILL DONALD TRUMP BE SUED UNDER RICO?](https://www.fosterpc.com/blog/will-donald-trump-be-sued-under-rico/) - Donald Trump could be sued under the RICO Act, depending on whether his actions surrounding the 2020 election meet the legal criteria for racketeering.
- [RICO BEING USED TO FIGHT CLIMATE CHANGE](https://www.fosterpc.com/blog/rico-being-used-to-fight-climate-change/) - RICO laws are being leveraged to hold companies accountable for their role in climate change, especially lawsuits against oil corporations. Read more here.
- [THE TRUMP V. CLINTON RICO CASE IS OVER](https://www.fosterpc.com/blog/the-trump-v-clinton-rico-case-is-over/) - In this blog, we discuss the court's decision to dismiss the RICO case between Donald Trump and Hillary Clinton, the legal reasoning, and its implications.
- [CAN FOX NEWS BE SUED FOR VIOLATING RICO?](https://www.fosterpc.com/blog/can-fox-news-be-sued-for-violating-rico/) - Fox News could face a lawsuit under the RICO Act, considering its alleged involvement in spreading false claims related to the 2020 presidential election.
- [EVEN DONALD TRUMP'S LAWYERS ARE STRUGGLING WITH HIS RICO CASE AGAINST HILLARY CLINTON](https://www.fosterpc.com/blog/even-donald-trumps-lawyers-are-struggling-with-his-rico-case-against-hillary-clinton/) - Former President Trump filed a civil RICO case against many of his political opponents including Hillary Clinton on the theory that they conspired to “weave a false narrative” that he was “colluding with a hostile foreign sovereignty” (Russia). The Complaint lays out in great detail many of the actions FBI officials took, with the support
- [THE RICO CASE AGAINST ELON MUSK WILL BE DISMISSED](https://www.fosterpc.com/blog/the-rico-case-against-elon-musk-will-be-dismissed/) - Last week it was widely reported that a RICO class action was filed against Elon Musk (Johnson et al., v. Elon Musk Space Exploration Technologies Corp. and Tesla Inc., case 22-5037 (S.D.N.Y.)). But further details about the case, and the huge problems with its RICO allegations were not reported. Let me tell you what you did
- [BRIBERY IS A RICO VIOLATION](https://www.fosterpc.com/blog/bribery-is-a-rico-violation/) - When a bad guy screws you, that bad guy probably has screwed others even worse. Here’s a case Foster PC is working on. Our client was sued in a tribal court in California. Unfortunately, the judge already was representing the bad guy in other matters. The fix was in! The Tribal Chief essentially was bribing
- [RICO ADDS VALUE TO YOUR LITIGATION PRACTICE](https://www.fosterpc.com/blog/rico-adds-value-to-your-litigation-practice/) - You are suing a bad guy or business who has harmed your client. Your lawsuit probably has counts for breach of contract, fraud and some type of business tort. You'll claim actual and possibly punitive damages and perhaps attorney's fees are permitted by contract, but otherwise they will not be available. But bad actors don't
- [THE SECOND CIRCUIT ALLOWS THE ALIX v. McKINSEY & CO. RICO CASE TO PROCEED](https://www.fosterpc.com/blog/the-second-circuit-allows-the-alix-v-mckinsey-co-rico-case-to-proceed/) - Alix v. McKinsey & Co. is one of the more interesting of the high-profile (covered in the New York Times and Wall Street Journal) RICO cases filed in the last few years. Alix is the owner/assignee (from the corporation which competes with McKinsey in the lucrative bankruptcy "advising" business) claiming the international consulting firm cheated
- [THE FASCINATING OUTLAW LABORATORIES RICO CASE MAY GO TO TRIAL](https://www.fosterpc.com/blog/the-fascinating-outlaw-laboratories-rico-case-may-go-to-trial/) - The most interesting RICO case in the country right now is In re Outlaw Laboratories LP Litigation (S.D. CA., case 18-840), in which the Outlaw Labs, the distributor of over-the-counter male sexual enhancement substances sold in small retail stores, and its lawyers used the threat of RICO litigation to stop what it considered unfair competition.
- [A RICO CASE ACTUALLY GOES TO TRIAL AND HELPS CLARIFY "MINIMUM CONTACTS"](https://www.fosterpc.com/blog/a-rico-case-actually-goes-to-trial-and-helps-clarify-minimum-contacts/) - Very few civil RICO cases go to trial. Even fewer RICO class actions will every be decided by a jury. But one long-running case in Denver made it to the finish line, and the verdict for the class of plaintiffs has been affirmed by the Tenth Circuit. CGC Holding Co. LLC v. Hutchens, decided September
- [RICO IS NOT A THERMONUCLEAR DEVICE](https://www.fosterpc.com/blog/rico-is-not-a-thermonuclear-device/) - In the 1990’s one decision from the First Circuit described RICO as “the litigation equivalent of a thermonuclear device,” because of the stigma of being labeled a racketeer and the threat of triple damages. Many district court judges have cited that unfortunate and inaccurate epithet. This week it was noted in a decision by the
- [McKinsey & Co. Wins Dismissal of RICO Claim](https://www.fosterpc.com/blog/mckinsey-co-wins-dismissal-of-rico-claim/) - The very high profile RICO case by Alix Partners, a competitor of McKinsey & Co., the prestigious consultancy, has been decided in the Southern District of New York in favor of McKinsey. Alix Partners had made headline-grabbing allegations against McKinsey of committing fraud in numerous bankruptcy cases in order to get consulting business from the
- [LAWYERS SUCCESSFULLY SUED UNDER RICO](https://www.fosterpc.com/blog/immigration-lawyers-successfully-sued-under-rico/) - The most interesting RICO case in months is Guzman v. Hecht (S.D.N.Y.) in which a group of undocumented immigrants are suing the lawyers who they hired help them obtain legal status. The novelty of the case is not only the sheer temerity of immigrants suing lawyers in federal court (they are being very ably represented
- [FILING A LAWSUIT IS NOT A RICO VIOLATION](https://www.fosterpc.com/blog/filing-a-lawsuit-is-not-a-rico-violation/) - Creative plaintiff lawyers have learned that all modern business transactions use the mails, wires or email. That means any aggrieved party that has communicated with a potential defendant can try to construct a civil RICO case alleging mail or wire fraud, the go-to predicate acts. And so why can't the filing of a lawsuit be
- [RICO Attorney, Could You Use One?](https://www.fosterpc.com/blog/rico-attorney-2/) - RICO Attorney, Could You Use One?
- [RICO CAN BE USED IN DIVORCE CASES](https://www.fosterpc.com/blog/rico-can-be-used-in-divorce-cases/) - Can one spouse use RICO against an estranged spouse for concealing assets in a divorce? The answer is yes provided the alleged racketeer has also committed other white collar crimes. This opens up a new area for the use of RICO. For those who have been through a contested divorce, the following scenario is probably
- [THE INCREDIBLE STATE FARM INSURANCE RICO CASE IS SET FOR TRIAL](https://www.fosterpc.com/blog/the-incredible-state-farm-insurance-rico-case-is-set-for-trial/) - The most interesting RICO case this year is Hale v. State Farm Insurance Co. which is now set for trial before Judge David R. Herndon in the Southern District of Illinois. The Plaintiffs are a class of people who had auto insurance through State Farm and received used replacement parts for their cars rather than
- [LAWYERS CAN BE SUED UNDER RICO](https://www.fosterpc.com/blog/lawyers-can-be-sued-under-rico/) - This may be news to some: lawyers are not above the law. There have been many civil RICO cases brought against lawyers over the years, usually alleging they have perpetrated some sort of fraud along with their clients, often hiding assets from creditors in shell companies. The lawyers' conduct, if true, is reprehensible, but these
- [GROWING MARIJUANA CAN DAMAGE THE VALUE OF A NEIGHBOR'S LAND](https://www.fosterpc.com/blog/growing-marijuana-can-damage-the-value-of-a-neighbors-land/) - The term "proximate cause," as I've written many times, is meaningless and unworkable in court. Neither lawyers nor judges at any level know what the Supreme Court means by that phrase. What does it meant to say harm has been caused by a RICO violation? Does that mean the RICO violation was solely responsible? If
- [WHAT IS A "DOMESTIC INJURY" UNDER RICO?](https://www.fosterpc.com/blog/what-is-a-domestic-injury-under-rico/) - The Supreme Court's decision in RJR Nabisco v. European Community requires a civil RICO plaintiff to have a "domestic injury." It threw out the European Community's case because it conceded its injury, lost tax revenues, occurred abroad, in Europe. That concession allowed the Court to decide the case without telling us what a "domestic injury"
- [THEFT OF TRADE SECRETS IS  NOW A RICO VIOLATION](https://www.fosterpc.com/blog/theft-of-trade-secrets-is-now-a-rico-violation/) - Congress has expanded the list of federal crimes that are forms of "racketeering activity" and can thus be the basis of criminal or civil RICO actions. The new additions are the "theft" of "trade secrets" which affect interstate commerce (and the latter is very easy to establish), a crime that had been on the books
- [WHERE IS THE PLACE OF A RICO INJURY?  IS THE PROPERTY TANGIBLE?](https://www.fosterpc.com/blog/where-is-the-place-of-a-rico-injury-is-the-property-tangible/) - This entire debate, which is raging in courts across the country in RICO cases has come to two appellate circuits, and both ended ambiguously. This is the result of the Supreme Court's decision in RJR Nabisco two years ago. It decided RICO's civil damages provision, 18 U.S.C. 1964(c) only applied to "domestic" injuries, even though
- [THE SECOND CIRCUIT WEIGHS IN ON "DOMESTIC INJURY"](https://www.fosterpc.com/blog/the-second-circuit-weighs-in-on-domestic-injury/) - The first appellate decision following the Supreme Court's "domestic injury" requirement in civil RICO has cleared up the vexing uncertainty about what this really means. In Bascunan v. Elsaca the Second Circuit reversed a lower court decision which had held a dispute between two Chileans over the theft of large sums of money held in
- [CAN EMPLOYERS FORCE THEIR WORKERS TO GIVE UP THEIR CLASS ACTION RIGHTS?](https://www.fosterpc.com/blog/can-employers-force-their-workers-to-give-up-their-right-to-bring-a-class-action/) - This is the question with which the Supreme Court began its new term last week. The Seventh Circuit has said no, workers cannot be compelled to sign away their rights to bring class action lawsuits when they get hired because it violates section 7 of the National Labor Relations Act. That law was passed in
- [THE SECOND CIRCUIT'S NEW DOUBLE STANDARD ON RELATEDNESS](https://www.fosterpc.com/blog/the-second-circuits-new-double-standard-on-relatedness/) - Claiming to follow the Supreme Court's HJ v. Northwestern Inc. decision, which established the "contours" of RICO's crucial pattern requirement, the Second Circuit has decided that there are two pattern tests: one for the government in criminal cases and a much tougher one in civil RICO cases. Here's a bit of background before I get
- [JUSTICE BREYER'S MYSTERIOUS SHIFT ON PROXIMATE CAUSATION](https://www.fosterpc.com/blog/proximate-causation-extended-but-the-confusion-persists/) - Yesterday the Supreme Court decided Bank of America v. Miami, allowing the City's claim for massive damages supposedly caused by predatory lending before the housing crash, to go forward under the Fair Housing Act but with a condition that cannot be met. The law, like RICO, has a civil damages provision allowing "persons" to recover
- [WHEN IT COMES TO RICO, BETTER NOT CALL SAUL:  AN ADMIRING (TONGUE-IN-CHEEK) CRITIQUE OF SEASON ONE, EPISODE EIGHT](https://www.fosterpc.com/blog/when-it-comes-to-rico-better-not-call-saul-an-admiring-tongue-in-cheek-critique-of-season-one-episode-eight/) - I am a big fan of AMC’s new Breaking Bad Prequel, Better Call Saul (and big fan of Breaking Bad, too). I am also a civil RICO lawyer. So naturally, when I watched the eighth episode of season one (March 23, 2015) entitled: “Rico” (and by the way, the Racketeer Influenced and Corrupt Organizations
- [WHAT WILL JUSTICE GORSUCH MEAN FOR RICO?](https://www.fosterpc.com/blog/what-will-justice-gorsuch-mean-for-rico/) - Justice Gorsuch is known as an "originalist," and a "textualist" and a judicial conservative. Do those terms help understand how he will think about RICO cases? The short answer is somewhat. Start with originalist/textualist methods of interpreting statutes. An originalist is supposed to divine the meaning of a statute by the stated public beliefs of
- [RICO LAW: NEW DECISION FROM THE SUPREME COURT MAKES THE RULES OF ECONOMICS VITAL IN STATING CLAIMS](https://www.fosterpc.com/blog/rico-law/) - RICO LAW: NEW DECISION FROM THE SUPREME COURT MAKES THE RULES OF ECONOMICS VITAL IN STATING CLAIMS
- [DO YOU HAVE A RICO CASE?](https://www.fosterpc.com/blog/do-you-have-a-rico-case/) - When does an ordinary tort case become a RICO case? If there were a simple answer to this question, the federal courts would have enunciated a black letter rule many years ago and reduced their workloads significantly. Since there is no such rule, a plaintiff with a potential RICO case needs to consider several factors.
- [WILL THE FOURTH CIRCUIT KILL CIVIL RICO?](https://www.fosterpc.com/blog/will-the-fourth-circuit-kill-civil-rico/) - The Fourth Circuit Court of Appeals in Richmond, Virginia recently held that the legal workers at Perdue Farms could not sue under RICO to recover for wage depression they suffered due to the company's widespread use of illegal immigrants. Walters v. McMahen, 684 F.3d 435 (4th Cir. July 5, 2012). It reasoned, without citing any applicable
- [WHISTLE-BLOWERS MUST REPORT WRONGDOING TO FEDERAL OFFICIALS](https://www.fosterpc.com/blog/whistle-blowers-must-report-wrongdoing-to-federal-officials/) - Last month I wrote about DeGuelle v. Camilli, 664 F.3d 192 (7th Cir. 2011), the potentially landmark Seventh Circuit decision allowing a whistle-blower's RICO case against his former employer to proceed. The case was predicated upon Mr. DeGuelle's alleged firing in retaliation for his blowing the whistle to the Feds about his employer's pattern of
- [RICO CAN BE USED IN SOME WHISTLE-BLOWER CASES](https://www.fosterpc.com/blog/rico-can-be-used-in-some-whistle-blower-cases/) - In 2000 the Supreme Court held that the whistle-blower who was fired for exposing his employer's RICO violations could not assert a RICO claim. The reasoning was that the whistle-blower was damaged by being fired, which is not a RICO violation (also known as a predicate act, one of the forms of "racketeering activity" specified
- [THE SUPREME COURT WAS RIGHT TO KILL THE WAL-MART CLASS ACTION](https://www.fosterpc.com/blog/the-supreme-court-was-right-to-kill-the-wal-mart-class-action/) - I may be the only plaintiff's class action lawyer in the country to agree with the Supreme Court's 5-4 decision to decertify, and effectively end, the largest class action ever certified in an American court. I come to my heterodox view of the case for two reasons. First, the theory of the Wal-Mart plaintiffs is
- [CHEVRON CORP.'S RICO CLAIMS SHOULD NOT SURVIVE](https://www.fosterpc.com/blog/chevron-corp-s-rico-claims-should-not-survive/) - Last month I blogged about the massive Toyota litigation that the Cincinnati law firm of Waite, Schneider, Bayless & Chesley is trying to bring as RICO claims. (In an interesting development the President of that firm, Stanley M. Chesley, has just been found to have pocketed an undisclosed $7 million in the "fen-phen" diet drug class action settlement. The
- [THE TOYOTA BRAKING DEFECT CASES ARE NOT RICO CASES](https://www.fosterpc.com/blog/the-toyota-cases-are-not-rico-cases/) - I have written several pieces in this blog about cases that should, and should not, be brought as RICO disputes. The Toyota litigation, in which thousands of Toyota owners are suing the manufacturer and its dealers for marketing and selling cars with braking defects causing the drivers to lose control of the vehicles, a phenomenon known
- [MORTGAGE FRAUD CASES ARE NOT GOOD RICO CASES](https://www.fosterpc.com/blog/mortgage-fraud-cases-are-not-good-rico-cases/) - The meltdown of the housing market and the subsequent recession have brought on waves of home mortgage foreclosures. The foreclosures have revealed how easy it was to obtain a mortgage before the bursting of the bubble in 2006-08. A market for "subprime" mortgages, i.e., to non-creditworthy borrowers, developed in which abuses occurred on both sides.
- [MANY RICO CASES BEGIN WITH BUSINESS FRAUD](https://www.fosterpc.com/blog/many-rico-cases-begin-with-business-fraud/) - Over 80% of civil RICO cases are predicated upon mail or wire fraud. These are two of the many federal criminal statutes that Congress incorporated to RICO as forms of "racketeering activity" (also known as "predicate acts" in RICO-speak). When the first civil RICO case made it up to the U.S. Supreme Court in 1985
- [CHEVRON'S WIN IN ITS LANDMARK RICO SUIT AGAINST A PLAINTIFFS' LAWYER IS AFFIRMED](https://www.fosterpc.com/blog/chevrons-win-in-its-landmark-rico-suit-against-a-plaintiffs-lawyer-is-affirmed/) - The Second Circuit in New York has affirmed Chevron Corp.'s judgment against attorney Steven Donziger for trying to extort billions of dollars from it by corrupting the Ecuadoran judicial process. This has been one of the most publicized RICO suits in history for a few reasons. First, because of the drama of a Fortune 100
- [THE SUPREME COURT IS NOT HOSTILE TO RICO](https://www.fosterpc.com/blog/the-supreme-court-is-not-hostile-to-rico/) - The coverage of the Supreme Court's RJR Nabisco decision began with the statement that the company "won" its case or that the Court "threw out" the RICO claim against it. This is very misleading. The Court sensibly allowed RICO to apply extraterritorially, that is to foreign conduct, to the extent Congress provided for it. It
- [THE SUPREME COURT ALLOWS RICO TO APPLY TO SOME FOREIGN CONDUCT](https://www.fosterpc.com/blog/the-supreme-court-allows-rico-to-apply-to-some-foreign-conduct/) - As predicted in past entries, the Supreme Court has decided European Community v. RJR Nabisco Co. in a way that allows some RICO cases involving foreign criminal conduct to proceed in US courts. To reiterate the basic facts of this complex case, the European Community (now the E.U.) is suing cigarette manufacturer RJR Nabisco Co.
- [THE SUPREME COURT SEEMS LIKELY TO ALLOW SOME FOREIGN CONDUCT UNDER RICO](https://www.fosterpc.com/blog/the-supreme-court-seems-likely-to-allow-some-foreign-conduct-under-rico/) - Today the Supreme Court heard oral argument in RJR Nabisco v. European Community, a RICO case involving foreign (extraterritorial) racketeering activity and a foreign enterprise. The Second Circuit decided the case could proceed and was not extraterritorial. The Petitioner, RJR Nabisco Co., has asked the Court to rule that extraterritoriality should be decided by the
- [THE JUSTICE DEPARTMENT WEIGHS IN ON THE EXTRATERRITORIALITY OF RICO](https://www.fosterpc.com/blog/the-justice-department-weighs-in-on-the-extraterritoriality-of-rico/) - As I've written over the last several months, the big issue in RICO is whether it applies to cases having some foreign ("extraterritorial") element. The law itself is silent on this. According to the Supreme Court's seminal 2010 decision in Morrison, when a law says nothing about extraterritorial application, it has none. So that should
- [IS THAT AN ABUSE OF THE RICO STATUTE?](https://www.fosterpc.com/blog/is-that-an-abuse-of-the-rico-statute/) - This is the most common question I am asked by people who want to know what type of law I practice. RICO's title reminds cinemaphiles of Edward G. Robinson's performance in "Little Caesar" in which he depicted a Chicago mobster. The words "racketeer influenced and corrupt organizations" conjure organized street gangs. Congress enacted the law
- [THE SUPREME COURT WILL DECIDE THE EXTRATERRITORIALITY OF RICO](https://www.fosterpc.com/blog/the-supreme-court-will-decide-the-extraterritiriality-of-rico/) - The Supreme Court has agreed to hear R.J.R. Nabisco Co.'s appeal in its decade- long RICO suit brought by the European Community. The Community accuses the tobacco giant of smuggling its cigarettes into its member states and avoiding the payment of their cigarette taxes. It claims the smuggling scheme has been hatched in the U.S.
- [THE D.C. CIRCUIT TAKES A TOUGH LINE ON THE EXTRATERRITORIALITY OF RICO](https://www.fosterpc.com/blog/the-d-c-circuit-takes-a-tough-line-on-the-extraterritoriality-of-rico/) - In Hourani v. Mirtchev we appealed the dismissal of a RICO conspiracy case in which one conspirator was a U.S. citizen who conspired with a foreigner to extort the Hourani's businesses in Kazakhstan. Defendant Mirtchev was alleged to have entered into a scheme to harm the Houranis from his Washington, D.C. office with the daughter
- [THE DISTRICT OF COLUMBIA CIRCUIT WILL SOON DECIDE THE EXTRATERRITORIALITY OF RICO](https://www.fosterpc.com/blog/the-district-of-columbia-circuit-will-soon-decide-the-extraterritoriality-of-rico/) - The big issue in RICO this year is extraterritoriality. Many RICO cases have foreign elements: the defendant(s) might be foreign, the racketeering activity (or at least some of the acts in the pattern) might have been committed from a foreign country, and the RICO enterprise might be based abroad. How are courts supposed to decide
- [Foster v. Schock](https://www.fosterpc.com/blog/foster-v-schock/) - RICO was intended to apply to an innumerable array of criminal activities perpetrated through enterprises. Congress cast the net wide by putting in dozens of types of crimes and defining "enterprise" so broadly that it includes any person, business entity, or combination of them, whether legitimate or corrupt. So why not apply RICO to a
- [ONE INJURY IS ENOUGH FOR A RICO CASE](https://www.fosterpc.com/blog/one-injury-is-enough-for-a-rico-case/) - There are a lot of misconceptions about RICO. The most common one is that the law requires a conspiracy, which I addressed in the last entry. The second biggest misunderstanding, and one that is quite forgivable given how the law is worded, is that the plaintiff must prove multiple injuries. A little review will help
- [USE RICO'S  CONSPIRACY PROVISION TO SUE EVERYONE RESPONSIBLE   ](https://www.fosterpc.com/blog/use-ricos-conspiracy-provision-to-sue-everyone-responsible/) - One of the reasons RICO is a powerful law for plaintiffs is its conspiracy provision. The typical pattern of racketeering activity is not perpetrated by a single person. Modern financial crimes require the cooperation of others be they office subordinates, co-owners of business entities, marketing departments who publicize fraudulent claims, etc. Can any one person
- [ THE SECOND CIRCUIT SAYS RICO ENTERPRISES ARE NOT NEEDED IN CIVIL CONSPIRACY CASES](https://www.fosterpc.com/blog/the-second-circuit-says-rico-enterprises-are-not-needed-in-civil-conspiracy-cases/) - The Second Circuit has broken new ground in holding an enterprise is unnecessary in RICO conspiracy claims. In City of New York v. Bello it reinstated New York City's civil RICO case against an internet cigarette distributor for illegally failing to pay the city tax on cigarettes. The case is brought against the owners of
- [RICO IS NOT A CONSPIRACY STATUTE](https://www.fosterpc.com/blog/rico-is-not-a-conspiracy-statute/) - One of the most common misconceptions of RICO is that a conspiracy, an agreement among wrongdoers, is required. This is not accurate. RICO has three parts and none of them requires a conspiracy. Rather, they all require one wrongdoer and an enterprise. The interplay between the two varies among sections (a), (b), and (c) of
- [RICO CAN APPLY TO MAIL AND WIRE FRAUD SCHEMES HARMING FOREIGNERS](https://www.fosterpc.com/blog/rico-can-apply-to-mail-and-wire-fraud-schemes-harming-foreigners/) - The "extraterritorial" application of federal statutes has been a big issue since the Supreme Court's Morrison decision four years ago. Morrison rejected the attempt to apply U.S. Securities law to the purchase by a American citizen of securities on the Australian stock exchange. The Court reaffirmed the long-standing presumption against the application of American law to conduct occurring
- [THE SUPREME COURT REQUIRES CAUSATION BE SHOWN IN COMPLAINTS](https://www.fosterpc.com/blog/the-supreme-court-requires-causation-be-shown-in-complaints/) - Pleading causation in a Complaint used to be an afterthought. A lawyer would say that the defendant committed acts which violated some statutory or common law and the plaintiff was injured by them. No elaboration of causation was needed. Defendants could not move to dismiss a complaint because the allegation of causation was too vague
- [CHEVRON WINS IMPORTANT RICO CASE AGAINST LAWYER STEVEN DONZIGER](https://www.fosterpc.com/blog/chevron-wins-important-rico-case-against-lawyer-steven-donziger/) - After years of pre-trial decisions and appeals from a preliminary injunction Judge Lewis Kaplan of the Southern District of New York entered a final judgment in favor of Chevron Corp. and against Steven Donziger, a Harvard law school graduate yesterday in the nation's most high-profile RICO case. The 500 page opinion goes into painstaking detail
- [THE SILENT RICO ENTERPRISE ](https://www.fosterpc.com/blog/the-silent-rico-enterprise/) - There is a common misconception that all RICO cases involve "organized crime." The very name of the law, "racketeer influenced and corrupt organizations" implies something like Tony Soprano and the members of his crime family hanging out in a New Jersey bar or strip club planning their next caper. That is often what federal prosecutors
- [NATIONWIDE RICO CLASS ACTION UPHELD](https://www.fosterpc.com/blog/nationwide-rico-class-action-upheld/) - Federal courts have been making it harder to certify class actions for years. To get certified as a class a case needs to meet the criteria of Federal Rule of Civil Procedure 23, which was written in 1966, at the dawn of the class action era and used vague concepts that seemed to make sense
- [JUDGES HAVE MUCH DISCRETION IN INTERPRETING RICO](https://www.fosterpc.com/blog/judges-have-much-discretion-in-interpreting-rico/) - Two years ago, I expressed skepticism that Chevron Corp.'s RICO claim against New York City attorney Steven Donziger and his co-conspirators could survive (March 2011 blog). I was wrong. Judge Lewis A. Kaplan of the Southern District of New York has denied Donziger's motion to dismiss the RICO complaint, alleging he is engaged in a
- [DID LANCE ARMSTRONG VIOLATE RICO?](https://www.fosterpc.com/blog/did-lance-armstrong-violate-rico/) - Lance Armstrong has confessed to using banned performance enhancing substances for several years in order to win the Tour de France bicycling competition. This entailed the use of testosterone and other "controlled substances" banned by federal law. This might have violated the Travel Act (18 USC § 1951), which prohibits using the facilities of interstate
- [THE FOG OF "PROXIMATE CAUSATION"](https://www.fosterpc.com/blog/the-fog-of-proximate-causation/) - "The fog of war" is a military phrase used to describe the uncertainty which overcomes combatants on the battlefield in the midst of a conflict. After 17 years of litigating RICO cases I've come to the conclusion that the entire concept of "causation" is roughly the same thing in the minds of judges. RICO is
- [THE SECOND CIRCUIT UPHOLDS IDEAL STEEL'S "INVESTMENT INJURY" RICO CLAIM ](https://www.fosterpc.com/blog/the-second-circuit-upholds-ideal-steels-investment-injury-rico-claim/) - In 2006 the Supreme Court decided Anza v. Ideal Steel Corp. holding that Ideal's RICO claim against a competitor National Steel, a rival steel business in New York City, predicated upon National's alleged failure to pay sales taxes, could not proceed. In the Court's view, there were two fatal flaws in Ideal's RICO case. First, there could have been many reasons
- [SODEXO INC.'S ANTI-UNION RICO CASE MAY SIGNAL A TREND](https://www.fosterpc.com/blog/sodexo-inc-s-anti-union-rico-case-may/) - There is yet another pathbreaking civil RICO complaint making news in the legal world. On March 17th Sodexo, Inc., the U.S. affiliate of French multinational Sodexo S.A., a janitorial, laundry and food service provider, sued the Service Employees International Union (S.E.I.U.), several of its locals and its former President, Andy Stern, for attempting to coerce
- [RICO NO LONGER APPLIES TO FOREIGN CONDUCT](https://www.fosterpc.com/blog/rico-no-longer-applies-to-foreign-conduct/) - For the last 20 years U.S. courts have generally heard RICO cases arising from illegal conduct occurring abroad if some of the "conduct" occurred in this country or the illegal acts had "effects" here. This was so even though the RICO statute does not provide for application to cases occurring "extraterritorially" (the legal term used in this

## Pages

- [We Are the Nation's RICO Law Firm](https://www.fosterpc.com/) - Foster PC is the nation's leading racketeering (RICO) law firm, winning cases for corporations and individuals for over 30 years. Call 312-726-1600 today.
- [In the News](https://www.fosterpc.com/in-the-news/) - Foster PC has represented individuals, unions, and corporations in RICO cases for 20+ years. Discover the latest press coverage on these cases of interest.
- [Contact Us](https://www.fosterpc.com/contact-us/) - Get the best representation for your RICO civil case or class action lawsuit. Based in Chicago and representing clients nationwide, call 312-726-1600 today.
- [About Us](https://www.fosterpc.com/about-us/) - For 20+ years, Foster PC has litigated RICO cases and class action lawsuits in federal courts as well as the US Supreme Court. Learn about our law firm.
- [What We Do](https://www.fosterpc.com/what-we-do-with-rico-law/) - Prepare for your civil case or class action lawsuit with RICO lawyer, Howard Foster. Discover our racketeering litigation and consulting services.

## Random Page Quotes

- [The pattern of unenforcement [of immigration laws] and the factors supporting it suggest that public officials hold mixed motives that impair enforcement. A traditional solution to problems of agency capture, or even agency inefficiency, is to deputize private enforcers. Policymakers can change the unenforcement dynamic if they enable those most harmed by illegal employment to participate in enforcement. Congress has created an opportunity for deputization in recent amendments to [RICO], and courts should develop the doctrine to support its use.](https://www.fosterpc.com/blog/quotes/the-pattern-of-unenforcement-of-immigration-laws-and-the-factors-supporting-it-suggest-that-public-officials-hold-mixed-motives-that-impair-enforcement-a-traditional-solution-to-problems-of-agen/)
- [This point cannot be emphasized enough: a company not only may be found liable for knowingly hiring or continuing to employ unauthorized workers, but under Mendoza, may be found liable if the company knowingly uses somebody else’s unauthorized workers.](https://www.fosterpc.com/blog/quotes/auto-draft/)
- [In economic terms, the hiring of undocumented workers produces financial gain for employers when it reduces labor costs… As a result, employers in labor-intensive industries who consistently remain in noncompliance with federal immigration law are able to gain an unfair advantage over business competitors by keeping labor costs artifically low.](https://www.fosterpc.com/blog/quotes/in-economic-terms-the-hiring-of-undocumented-workers-produces-financial-gain-for-employers-when-it-reduces-labor-costs…-as-a-result-employers-in-labor-intensive-industries-who-consistently-rema/)
- [Acceptance by illegal aliens of jobs on substandard terms as to wages and working conditions can seriously depress wage scales and working conditions of citizens and legally admitted aliens.](https://www.fosterpc.com/blog/quotes/acceptance-by-illegal-aliens-of-jobs-on-substandard-terms-as-to-wages-and-working-conditions-can-seriously-depress-wage-scales-and-working-conditions-of-citizens-and-legally-admitted-aliens/)
- [Congress, however, criminalized the employment of illegal workers in part to protect legal workers.](https://www.fosterpc.com/blog/quotes/congress-however-criminalized-the-employment-of-illegal-workers-in-part-to-protect-legal-workers/)
- [By illegally hiring undocumented alien labor, Colin was able to hire cheaper labor and compete unfairly. The violation of 1324(a) alleged by the complaint was a proximate cause of Colin’s ability to underbid the plaintiffs and take business from them.](https://www.fosterpc.com/blog/quotes/by-illegally-hiring-undocumented-alien-labor-colin-was-able-to-hire-cheaper-labor-and-compete-unfairly-the-violation-of-1324a-alleged-by-the-complaint-was-a-proximate-cause-of-colin’s-ability/)
- [The object of civil RICO is not merely to compensate victims but to turn them into prosecutors, private attorneys general dedicated to eliminating racketeering activity.](https://www.fosterpc.com/blog/quotes/the-object-of-civil-rico-is-not-merely-to-compensate-victims-but-to-turn-them-into-prosecutors-private-attorneys-general-dedicated-to-eliminating-racketeering-activity/)

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