News & Analysis as of

Racketeering

White Collar Courier: Delivering News and Providing Guidance in White Collar Matters

by Burr & Forman on

Before joining Burr & Forman, I was a federal prosecutor for a little over a decade focusing on health care fraud and general white collar matters. In that role, I was a member of a prosecution team that secured guilty...more

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

RICO Madness: Marijuana Operations Face RICO Challenges in Federal Courts

by McDermott Will & Emery on

Don’t look now cannabis businesses, but your neighbors may be raising a racket. A June decision by the 10th Circuit Court of Appeals in Denver may have opened the doors to new legal challenges to marijuana operations: civil...more

Bricks Through Windows, Protection Tax Schemes, And Early Dismissal of Civil RICO Claims

by Dickinson Wright on

Toward the end of HBO’s legendary television series, The Sopranos, a classic racketeering scheme is presented. Two members of Tony Soprano’s crime family enter a Starbucks-like, big-box coffee store and speak to the manager....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

The New England Compounding Center: The CEO of a Massachusetts Drug Company on Trial for Murder

by DLA Piper on

This was really a public health tragedy . . . I re- member feeling very scared.’’ This is how Dr. Benjamin Park, a division chief at the U.S. Center for Disease Control and Prevention (‘‘CDC’’), described the deadly...more

Nevermind About Internet Cafes…

by Ifrah PLLC on

Jacksonville attorney Kelly Mathis got some good news this week: State prosecutors have decided not to retry him on more than one hundred charges for gambling-related offenses. The State brought the charges against Mathis and...more

Deciphering RJR Nabisco's 'Domestic Injury' Requirement

Last June, in RJR Nabisco v. European Union, a deeply divided U.S. Supreme Court resolved a three-way split among the federal courts to define the extraterritorial reach of the Racketeer Influenced and Corrupt Organizations...more

First Circuit Affirms Narrow Scope of Federal Criminal Statutes in Reversing Patronage Convictions of Massachusetts Probation...

by Ropes & Gray LLP on

On December 19, 2016, the Court of Appeals for the First Circuit issued its decision in United States v. Elizabeth V. Tavares, John J. O’Brien, and William H. Burke, III.1 In 2014, three officials of the Massachusetts Office...more

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

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Resource for Doing Business in the U.S. – Installment #8 – Consumer Protection

by Garvey Schubert Barer on

Almost everyone approaching the U.S. consumer market has heard nightmares about lawsuits and read damaging headlines from consumer claims. These range from industry wide antitrust investigations to criminal indictments for...more

Eleventh Circuit Holds That a Corporation Is Not Distinct From Its Agents For Purposes of a RICO Enterprise, Following Sister...

In Ray v. Spirit Airlines, Inc., No. 15-13792, 2016 WL 4578347 (11th Cir. Sept. 2, 2016), the United States Court of Appeals for the Eleventh Circuit held that a defendant corporation is not distinct from its own officers and...more

Government Charges Sixteen In $175 Million Pharmacy Fraud

On September 1, 2016, the United States Attorney’s Office for the Southern District of Florida filed a five-count information, variously charging sixteen individuals, including three physicians, in connection with a scheme to...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

Corporate Investigations and White Collar Defense - July 2016

“Official Acts”—What They Are… and Are Not - Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act”...more

2015 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

by BakerHostetler on

Globalization has connected people, companies, and products across national borders more than ever. Goods and services developed in one part of the world are readily available in other parts of the world and technology is...more

Tobacco Companies Resist Truthful Disclosures

In 1999, the U.S. Department of Justice filed a civil racketeering suit that accused tobacco companies of deceiving the public about their products. The case is before U.S. District Court Judge Gladys Kessler of the United...more

H-1B Season and a Lesson from Disney

by Baker Donelson on

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

Federal court issues mixed ruling on PA AG’s Dodd-Frank UDAAP claim based on alleged “rent-a-bank” and “rent-a-tribe” schemes

by Ballard Spahr LLP on

An attempt by the Pennsylvania Attorney General to use her Dodd-Frank Section 1042 authority recently met with only partial success in Pennsylvania federal district court. Section 1042 allows state attorneys general and...more

PA Federal Court Ruling Illustrates Need for Lenders to Properly Structure Bank Partnerships

by Ballard Spahr LLP on

A recent federal court decision refusing to dismiss Pennsylvania racketeering claims against companies alleged to have partnered with a state bank to market Internet loans illustrates the risks inherent in these relationships...more

Ninth Circuit Allows Racketeering Claim To Proceed Following Arbitration

by Carlton Fields on

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment in favor of defendants who faced a RICO suit following resolution of arbitration with the plaintiffs. The case involved a dispute...more

Foreign Corrupt Practices Act 2015 Update

by BakerHostetler on

Despite a decline in enforcement actions by the Securities Exchange Commission (“SEC”) and the Department of Justice (“DOJ”), the first half of 2015 has continued to highlight the relevance and ever-evolving effects of the...more

Third Circuit Reverses Denial of Class Certification in Complete Sham Telemarketing RICO Case

by Carlton Fields on

The United States Court of Appeals for the Third Circuit reversed the denial of class certification in a case brought against a bank and its payment processors that allegedly engaged in a fraudulent scheme to cause...more

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

by Seyfarth Shaw LLP on

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

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