Category Archives: RICO claims
On The Eve Of Fraud Trial, Judge Dismisses Civil RICO Claim Against Alex Rodriguez
MLB all-star has been locked in a long, complex business fraud dispute with his former brother-in-law Constantine Scurtis. The conflict stems over the breakdown of their real estate partnership. Mr. Rodriguez had been facing a civil RICO claim. However, on the eve of the trial, that claim has been tossed out by the judge…. Read More »
Airbnb And San Francisco Law Firm Facing Civil RICO Lawsuit In California
As of this writing, Airbnb and Sacks Ricketts Case LLP (a San Francisco based law firm) are facing a civil RICO lawsuit in a California federal court. The lawsuit stems from a business dispute involving the vacation rental company and its law firm with a local business owner. In this article, our Miami RICO… Read More »
Five Tips For Defending A Civil RICO Lawsuit In Florida
Modelled after the federal RICO law, the Florida RICO (Racketeer Influenced and Corrupt Organization) Act provides civil remedies. An individual, business, or organization can file a civil RICO lawsuit to hold a defendant liable for damages caused by racketeering. As civil RICO claims allow for the recovery of treble damages, there is a lot… Read More »
Defending Civil RICO Claims: What Is A Civil Investigative Demand (CID)?
The Racketeer Influenced and Corrupt Organizations (RICO) Act allows for both criminal and civil claims. In a criminal RICO case, the state or federal government is in charge of pursuing the claim. In a civil RICO case, the government may or may not be involved in the matter. A private party has the right… Read More »
Federal Judge In Florida Rules For Herbalife In Civil RICO Lawsuit
According to a report from the Winston-Salem Journal, a Florida federal judge has ruled in favor of Herbalife in a civil RICO lawsuit. The dieting and nutrition company, which is based in Los Angeles and employs nearly 10,000 people worldwide, has been fighting a civil RICO claim for nearly four years. While Judge Marcia… Read More »
Who Can Be Named As A Defendant In A Civil RICO Lawsuit?
Through a civil RICO claim, a plaintiff can take action to hold individuals, businesses, and other entities legally liable for damages caused by racketeering activity. Federal and state civil RICO laws offer a powerful remedy—a plaintiff can claim treble damages (three times their actual losses) through a successful lawsuit. However, civil RICO claims are… Read More »
Why So Many Civil RICO Claims Do Not Survive The Pleadings Stage
Through a federal or state civil RICO claim, a plaintiff can hold a business, organization, or other enterprise legally liable for damages caused by racketeering activity. As RICO allows for the recovery of treble damages, it is a strong legal tool for parties who suffered losses due to a pattern of unlawful racketeering activity…. Read More »
What Is Civil RICO Law?
Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law that was put into place to allow the government to crack down on racketeering. As explained by the Department of Justice (DOJ), RICO charges can be filed against those who act as part of an “enterprise” and engaged in a “pattern of racketeering… Read More »
Civil RICO Lawsuit Alleges That CNBC Star Marcus Lemonis Destroyed Dozens Of Small Businesses
According to a report from Forbes, Marcus Lemonis—an American businessman and the star of the hit television show “The Profit” on CNBC—is facing a civil RICO lawsuit over allegations that he caused serious damage to dozens of small businesses. Dozens of small businesses have raised complaints about the show, though not all of them… Read More »
Federal Appeals Court: Civil RICO Lawsuit Against Union Preempted By LMRA
According to a report from Reuters, the Ninth Circuit Court of Appeals is sending a civil RICO lawsuit against the International Longshore and Warehouse Union to arbitration. In a 2 to 1 decision, the majority ruled that the civil RICO lawsuit filed by the Columbia Export Terminal LLC is preempted under the Labor Management… Read More »
Filing A Civil RICO Lawsuit: Know The Prima Facie Requirements
Are you considering filing a civil RICO lawsuit in Florida? If so, you will likely need to survive a motion to dismiss. A significant percentage of civil RICO claims are dismissed relatively quickly by state or federal courts due to the plaintiff’s failure to to state a prima facie case. In this blog post,… Read More »
Disbarred Lawyer Found In Contempt Of Court In Long-Standing Civil RICO Claim
According to a report from the ABA Journal, Judge Loretta Preska of the United States District Court for the Southern District of New York has found disbarred lawyer Steven Donziger guilty of criminal contempt. A human rights attorney, Mr. Donziger failed to comply with court orders in a multi-million civil RICO lawsuit filed by… Read More »
Civil RICO Lawsuits, Enterprises, And Sole Proprietorships: What You Need To Know
In order to bring a successful civil RICO claim under federal law or Florida state law, a plaintiff must prove that the defendant(s) acted as part of an “enterprise.” An enterprise is a commercial association with a “fundamental structure” that has the following three characteristics: A genuine relationship between all parties named; An association… Read More »
South Florida Court Dismisses Civil RICO Claim In Zantac Case
On June 30th, 2021, the United States District Court Southern District of Florida dismissed a civil RICO lawsuit in a class action Zantac case. A popular heartburn medication, Zantac (ranitidine) was recalled by the FDA after being linked to several types of cancer. Without weighing in on the product liability question, the Florida court… Read More »
Civil RICO Claims: Jurisdiction And Venue
A RICO claim allows a private plaintiff to hold a defendant liable for damages caused by racketeering activity. There are both state and federal civil RICO laws. Further, these cases sometimes involve conduct occurring in multiple different states. For these reasons, jurisdiction and venue are often in dispute in RICO claims. Here, our West… Read More »
GEICO Files Multi-Million Dollar Civil RICO Claims Against Pharmacy
According to recent reporting by the Insurance Business Magazine, GEICO has filed a multi-million dollar RICO claim against a pharmacy in New York State. The insurance giant alleges that the pharmacy, four of its owners, and health care professionals engaged in racketeering activity as part of a billing fraud scheme. In this blog post,… Read More »
Civil RICO Claims: What Is The Legal Doctrine Of Respondeat Superior?
Broadly defined, racketeering is a genre of crime or fraud through which perpetrators set up an organized, coordinated scheme designed to repeatedly and/or consistently carry the same or substantially similar illicit activity. Through a civil RICO claim, a plaintiff can file a lawsuit to recover damages directly from a defendant(s) engaged in racketeering activities…. Read More »
Federal Court Dismissed Basketball Recruit’s Civil RICO Lawsuit Against Adidas
According to a report from ESPN, a federal judge in South Carolina has dismissed a civil RICO lawsuit filed by Brian Bowen Jr., a former five-star basketball recruit. Mr. Bowen Jr. alleged that the German-based multinational shoe company Adidas engaged in unlawful racketeering activity when it promised his father $100,000 to sign with the… Read More »
BitMEX Founders Hit With Another Civil RICO Lawsuit
BitMEX is a cryptocurrency exchange and derivative trading platform based in the Seychelles, an island off of the coast of Africa in the Indian Ocean. The company was founded by two Americans and a British citizen. According to a report from Coingeek, the three founders of BitMEX are facing a wave of civil and… Read More »
The Federal Government Can File A Civil RICO Lawsuit To Seek Equitable Relief
The federal Racketeer Influenced and Corrupt Organizations (RICO) Act was passed into law in October of 1970. The statute allows federal agencies to pursue both criminal and civil penalties for violation. Federal and state RICO laws also allow private plaintiffs to file a civil lawsuit. Private litigants can sue for “treble damages” in a… Read More »
