Federal practice; RICO 'conduct.'
Article Abstract:
The most frequently litigated RICO provision is 18 USC 1962(c), which bars racketeering by corporate insiders. The 1993 Supreme Court ruling of Reves v. Ernst & Young, an action brought by a bankruptcy trustee against the outside auditors of the bankrupt entity, , stated that the defendant must be involved in the enterprise's operation or management. The post-Reves case law has distinguished between outsiders such as the auditor-defendants in Reves, and insiders, such as the employees of the corporation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Federal practice; RICO causation
Article Abstract:
The article argues that since the US Supreme Court's 1992 Holmes v. Securities Investor Protection Corp. ruling, the directness of the injury suffered by a RICO has been the main consideration in proximate-cause considerations. The article lists subordinate issues courts consider when ruling on this main issue and examples of cases are also briefly described.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
Federal practice; the Clinton sanction
Article Abstract:
The article covers the civil contempt of court sanction, its most famous use in Jones v Clinton to sanction Pres Bill Clinton for perjuring himself in interrogatory answers and deposition testimony, and its use in other recent cases. The law implicated in the cases is Federal Rule of Civil Procedure 37(b)(2)(D).
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Federal practice - computer evidence. Federal practice; ethical issues. Federal practice; securities pleadings
- Abstracts: Federal practice; enhancing pictures. Federal practice; ABA discovery standards
- Abstracts: Criminal law - representing aliens. Criminal law; the causation chain. Criminal law; trial court conduct
- Abstracts: Managerial work and lying: a conceptual framework and an explorative case study. A survey of ethics officers in large organizations
- Abstracts: More accounting method changes granted automatic consent. Prop. regs. clarify reporting payments to attorneys