Individuals
RICO, or the Racketeer Influenced and Corrupt Organizations Act, can come into play in a diverse range of scenarios. Common racketeering charges include white collar crimes such as fraud, bribery, extortion, and loansharking.
Marital asset concealment where a spouse who hides assets from another during a divorce, causing an ill-gotten distribution can be tried for RICO. Studios and copyright owners are also in a never-ending war against piracy and the illegal downloading and sale of their works. RICO can combat these copyright and trademark infringements.
Businesses
When your company’s reputation is on the line, it’s crucial to hire a RICO lawyer that is knowledgeable, experienced, strategic, just, efficient, and cost-effective.
If there’s existence of an enterprise and pattern of organized crime or racketeering activity such as fraud, extortion, breach of contract or fiduciary duty, embezzlement, or conspiracy, then it may qualify as a RICO charge.
Law Firms
We work and consult with law firms of all sizes around the United States, who have clients involved or soon to be involved with RICO litigation, as plaintiffs or defendants.
If you represent a client involved in RICO litigation, we can provide expertise and assistance with any of the following:
- Preparing a RICO complaint or claim;
- Preparing RICO case statements;
- Evaluating the strengths and weaknesses of a possible RICO case;
- A RICO complaint that has been filed and is now being contested with a Motion to Dismiss, based on enterprise issues, pattern of racketeering, proximate causation, extraterritoriality, standing, and/or statute of limitations issues;
- A RICO complaint that has been dismissed without prejudice and your client seeks to file an Amended Complaint curing the defects noted by the Court;
- Your client’s existing RICO case is pending, but wants to amend it to make it stronger; Your client needs a RICO attorney to opine about the purpose or applicability of civil RICO in litigation, arbitration, and/or mediation;
- Your client is a defendant in a civil RICO matter;
- Your client is facing class certification in a RICO matter;
- Raising key issues for dismissal in a Rule 12 Motion or for summary judgment;
- Identifying key discovery issues and drafting appropriate written discovery for RICO claims;
- Navigating issues related to venue in RICO cases;
- Drafting memos and conducting research regarding jury instructions;
- General consulting for RICO cases, including the distinctions in case law between various Circuits;
- Appellate consulting in RICO cases;
We have often become involved in litigation in which an inadequate RICO complaint has already been filed and motions to dismiss are pending, threatening the entire litigation. We operate quickly, efficiently, and cost- effectively. We do so in partnership with the client’s existing counsel in order to maintain and strengthen the relationship you have developed with your client over time.
We understand that your clients, on occasion, may become involved with RICO litigation. We also understand that RICO can be complicated, even for sophisticated and experienced attorneys. You want to be able to fully assist your clients on these individual RICO matters as they arise, while still continuing to service their remaining legal needs in the future, and without having to compete with co-counsel down the road.
Class Action Lawsuits
Illegal immigration is one of the most pressing problems facing the country. Despite the fact that we have ample federal laws dealing with it, they are not enforced as they should be. High levels of illegal immigration lower the cost of unskilled labor, benefiting employers.
Howard Foster filed the first wage depression RICO class action against Zirkle Fruit Company of Selah, Washington in 2000. Long-time employees at that company worked at stagnant wages while a former undocumented worker oversaw hiring of a mostly illegal workforce. The case was certified as a class action lawsuit on behalf of the legal workers. It was settled on the eve of trial. Legal workers received backpay for each hour employed, the first such settlement on behalf of the victims of illegal immigration in American history.
Foster PC has since won many decisions from federal district courts and appellate circuits, allowing these cases to proceed under RICO and be certified as class actions. In 2006, Howard argued the Mohawk Industries case in the U.S. Supreme Court and persuaded the Justices not to read the concept of a group enterprise out of RICO, which the Company’s lawyers had sought. The case has now settled for $18 million. These class actions have been featured in the Wall Street Journal (which has run two editorials attacking them as a threat to business), The New York Times, the National Law Journal, CNN, Lou Dobbs, and many local newspapers and websites across the country.
If your employer is hiring undocumented workers or the subject of one of our cases, contact us and share what you have observed.
Litigation Financing Information
We understand that from time to time, clients may need litigation financing to assist in prosecuting their RICO cases.
While we do not provide any kind of financing at Foster PC, we do have experience working with litigation financing companies to ensure a smooth operation of your case. We can also refer you to litigation financing companies that have experience evaluating complex RICO cases.
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