November 25, 2014
(Westlaw users: Click here for the Civil RICO Report database.)
David J. Stander says the courts base their decisions on congressional intent to avoid applying “draconian” RICO penalties to ordinary business disputes. But he believes this view conflicts with that of the Supreme Court, and makes the argument that some of these cases should be viable.
Citing the liberal construction intent of Congress, Stander says courts are ignoring long-term continuous racketeering activity simply because there is a single scheme alleged.
Stander says, “It remains to be seen how far the lower courts will continue their increasingly narrow interpretations of civil RICO litigation.”
David J. Stander is a former U.S. Department of Justice Trial Attorney who specializes in civil RICO litigation, and white-collar criminal defense. David can be reached at 240-643-2723 or at firstname.lastname@example.org. David’s website is www.ricoconsultingattorney.com.