Civil RICO Claims And Immigration Law Violations

Can a U.S. corporation and agents acting on its behalf constitute an "enterprise" under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. ''1961-1969 (RICO)? If the answer is yes, U.S. corporations which use outside entities to carry out any of their business functions could find themselves liable under RICO for a broader range of corporate conduct than ever before, which would almost certainly have a chilling effect on U.S. business activities. So far, the Courts of Appeals have split when addressing this question. However, as is customary when there is a conflict in the Circuits on an important federal issue, the U.S. Supreme Court recently agreed to resolve this conflict in <i>Mohawk Industries, Inc. v. Shirley Williams et al.</i>, and will soon provide much-needed guidance.

33 minute read February 27, 2006 at 02:02 PM

By

Lynda S. Zengerle And Joan S. Claxton