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loquitur · 03-17-2008, 02:30 PM

it might technically come within the RICO statute, depending on the extent of the ongoing contacts with the principals - but I have to tell you, most federal district judges would be enormously pissed if some prosecutor tried making this into a racketeering case, and would say so. This isn't what the RICO statute was designed for. Well, maybe the principals might be vulnerable to a RICO count - maybe. Spitzer? Doubtful.

Most of my experience with RICO is on the civil side, and I have yet to have a RICO claim survive a motion to dismiss. (Of course, I was on the defendants' side in those cases, so I'm happy).

03-17-2008, 02:30 PM	#40 (permalink)
loquitur Junkie Location: NYC	it might technically come within the RICO statute, depending on the extent of the ongoing contacts with the principals - but I have to tell you, most federal district judges would be enormously pissed if some prosecutor tried making this into a racketeering case, and would say so. This isn't what the RICO statute was designed for. Well, maybe the principals might be vulnerable to a RICO count - maybe. Spitzer? Doubtful. Most of my experience with RICO is on the civil side, and I have yet to have a RICO claim survive a motion to dismiss. (Of course, I was on the defendants' side in those cases, so I'm happy).