RICO's reach; Supreme Court identifies limit to statute's application
Article Abstract:
The US Supreme Court in Reves v Ernst & Young held that accountants advising corporations do not have enough to do with company management to be held liable under Section 1962(c) of RICO. Justice David Souter's dissent argued that Ernst and Young's rule exceeded that of a traditional outside auditor. In Masick, Peeler and Garrett v Employers' Insurance of Wausau the court will rule on the availability of contribution among defendants in securities fraud litigation. A ruling against the right of contribution would deprive accounting firms of the right to pay only their share of losses.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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What is double jeopardy? An issue that continues to stymie the Supreme Court
Article Abstract:
The US Supreme Court in United States v. Dixon narrowly overruled its 1990 double jeopardy ruling in Grady v. Corbin. The issue in Dixon was whether a criminal contempt conviction triggers the Fifth Amendment's double jeopardy protection. The case resulted in four different holdings, ranging from barring some or all of the charges due to double jeopardy to replacing the 'same-evidence test' for double jeopardy with the 'same-element' test. The Supreme Court is likely to revisit the double jeopardy question in the future.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
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