LAW 6814: Racketeering and the RICO Act: Criminal & Civil Liability

This course will consider the Racketeer Influenced and Corrupt Organizations Act (RICO), which grabs more headlines and is more sweeping in its application than practically any other federal statute. Originally intended as a weapon against the Mafia, RICO has evolved into a statute used to fight a wide variety of corrupt practices. RICO is also increasingly becoming an important aspect of international business. In 2014, Chevron brought RICO claims against a U.S. lawyer who allegedly bribed foreign officials in order to obtain a multi-billion dollar judgment in a foreign tribunal. RICO, however, has its limits. Courts are beginning to weigh in heavily against RICO’s application to extraterritorial disputes. When RICO claims were alleged in the sex abuse cases against the Catholic Church, courts struck down the claims on the basis that the plaintiffs sought compensation for personal injuries, which are not within the scope of the statute. Enterprise, pattern and causation issues under RICO present some of the most complicated legal questions that any lawyer will ever confront.

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