News & Analysis as of

Wire Fraud RICO

Robson & Robson, P.C.

Civil RICO In Pennsylvania Business Divorce Cases: A Hammer Without A Nail?

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When legal disputes between owners of closely held companies turn the corner past “Let’s resolve this issue without litigation” and head toward “See you in court,” the owners and their lawyers typically begin jockeying for...more

Patton Sullivan Brodehl LLP

No RICO Standing for Cannabis LLCs

In business litigation, a plaintiff will sometimes assert a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute at 18 U.S.C. §1961 et seq. RICO provides that it is “unlawful for any...more

Troutman Pepper

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

Hudson Cook, LLP

SDNY Sustains RICO Claims Against Revenue-Based Financing Companies

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July 30, 2022 Katherine C. Fisher In the last two months, the U.S. District Court for the Southern District of New York has issued three adverse decisions against revenue-based financing providers. In each case, the court...more

Tucker Arensberg, P.C.

Third Circuit Permits Companies to Proceed on RICO Claims Against Labor Unions

On July 28, 2022, the United States Court of Appeals for the Third Circuit, in Care One Management LLC, et al. v. United Healthcare Workers East, et al., No. 19-3693, determined that healthcare companies could proceed on RICO...more

Freeman Law

RICO: A Primer

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The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was enacted in 1970. Although RICO provides for both civil remedies and criminal penalties, the number of civil RICO claims far outstrips the number of criminal...more

Troutman Pepper

Anatomy of a Successful Motion to Dismiss in RICO Case

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Rarely do civil Racketeer Influenced and Corrupt Organization Act (RICO) claims get dismissed at the motion to dismiss stage, and seldom does it happen twice. Troutman Pepper recently represented a lobster business in Maine...more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Continues Targeting of Corruption through AML Laws and Alternate Statutes – Lessons for Compliance and Due Diligence

As the Biden Administration commits to crack down on corruption, recent enforcement actions show the DOJ continues a longstanding trend of relying on AML laws and other alternate statutes to prosecute corruption cases, with...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

Farrell Fritz, P.C.

Civil RICO: A Blunt But Elusive Tool in Business Divorce Cases

Farrell Fritz, P.C. on

What do business divorce litigants have in common with the frill-necked lizard? At the outset of confrontation, they both use in terrorem tactics in an attempt to force their adversary into rapid submission....more

Butler Snow LLP

Federal judge provides reminder that fraudulent mass tort litigation can carry criminal, as well as civil, consequences

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Recently, a Mississippi federal judge provided a heartening reminder that, while it may seem all too often ignored, fraud in the mass tort context can carry serious—indeed, criminal—consequences. As we discuss below, victims...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Summer 2019

US Domestic Injury Found Where Theft Deemed to Have Occurred when Funds Transferred from US Bank Account Bascuñán v. Elsaca, US Court of Appeals for the Second Circuit, June 13, 2019 This opinion reflects the second time...more

Bracewell LLP

Closing the Side Door – The Imperative of the College Admission Scandal

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On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the...more

Orrick, Herrington & Sutcliffe LLP

Racketeer Influenced and Corrupt Organizations Act (RICO) - The World in U.S. Courts: Winter 2019

US “Domestic” RICO Violation Alleged Where Scheme “Directed to or from the US” - Dennis v. JPMorgan Chase & Co., US District Court for the Southern District of New York, November 28, 2018....more

Dechert LLP

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

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A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Goodwin

Jury Convicts Payday Lender Owner for Allegedly Fraudulent Payday Lending Scheme

Goodwin on

On November 15, 2017, the U.S. Attorney for the Southern District of New York (“?USAO”) announced that a jury has convicted the owner of an alleged fraudulent lending scheme (the “Defendant”) for one count of conspiracy to...more

Ballard Spahr LLP

Federal jury convicts operator of payday lenders sued by CFPB and FTC

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Richard Moseley Sr., the operator of a group of interrelated payday lenders, was convicted by a federal jury on all criminal counts in an indictment filed by the Department of Justice, including violating the Racketeer...more

Orrick, Herrington & Sutcliffe LLP

What the Second Circuit Did and Didn't Tell Us About RICO's Reach

On Oct. 30, 2017, the Second Circuit issued its opinion in Bascuñán v. Elsaca, becoming the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act...more

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

Ballard Spahr LLP

Supreme Court Clarifies Extraterritorial Reach of RICO

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In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt...more

Robins Kaplan LLP

DOJ Takes On Tribal Lending: Inside The Indictments

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In recent months, the attention of the tribal lending industry has focused on the Consumer Financial Protection Bureau’s emerging role in regulating short-term loans from sovereign tribal nations, but a new and even more...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Fall 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

Dorsey & Whitney LLP

Sixth Circuit Concludes Morrison Does Not Apply To Advisers Act

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In Morrison v. National Australia Bank, Ltd., 561 U.S. 247 (2010) the Supreme Court held that the reach of Exchange Act Section 10(b) is the water’s edge of the United States. Specifically, the court held that the Section...more

Goodwin

DOJ Targets Payday Lender Using RICO

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On June 22, 2015, the US Attorney’s office for the Eastern District of Pennsylvania filed an information charging Adrian Rubin of Jenkintown, PA, with: (1) one count of conspiracy to violate RICO, 18 U.S.C. § 1962(d); (2) one...more

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