Podcast
RICO Report
Hosted by Callan G. Stein, Troutman Pepper Locke · EN
Join Troutman Pepper Locke White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). While often associated with organized crime or gang activity, RICO's reach actually covers much more than what many think of as traditional "racketeering." Criminal prosecutors and civil litigants commonly use RICO to bring cases against individuals and organizations engaging in more conventional business activity, often by claiming various types of fraud that violate broad federal statutes encompassing a myriad of conduct far more likely to be alleged against a businessperson than a mafia crime boss (e.g., mail fraud, wire fraud, computer fraud, bank fraud, among others).
During this series, Cal discusses the history and various elements of RICO, including examining its predicate acts, interviewing RICO newsmakers, and analyzing RICO cases with other RICO practitioners.
10episodes
Episodes
Newest firstAll episodes
One Year After Horn: How Lower Courts Are Applying RICO's Expanded Damages
Apr 100:24:00Tap to summarizeIn this episode, host Cal Stein revisits the U.S. Supreme Court's decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. He briefly recaps Horn's narrow holding that certain economic harms flowing from personal injuries can satisfy RICO's "business or property" requirement, then walks through early district court decisions. Cal explains how courts are resisting efforts to turn RICO into a personal-injury regime, pulling back from reliance on antitrust/Clayton Act precedent, and often avoiding broad new rulings on what counts as a RICO "injury" by resolving cases on causation grounds instead. He closes with practical guidance for defense counsel on framing motions to dismiss in this evolving landscape. Key topics include: 1:57 – Recap of Medical Marijuana, Inc. v. Horn. 5:57 – Lesson #1: The personal injury civil RICO "floodgates" have not opened . . . yet. 10:49 – Lesson #2: The door to using antitrust precedent in RICO cases may be closing. 16:32 – Lesson #3: Courts remain hesitant to grapple with the definition of "injury." Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Curtailing Civil RICO: The Rise and Fall of Securities Fraud Claims Under the PSLRA
Oct 1700:21:25Tap to summarizeIn this episode of the RICO Report, host Cal Stein examines the dramatic shift in civil RICO cases based on securities fraud following the enactment of the Private Securities Litigation Reform Act (PSLRA) of 1995. He explains how the PSLRA broadly prohibits using securities fraud as a predicate act in civil RICO claims, with a narrow exception for cases involving a criminal conviction. Stein discusses the legislative history, key court decisions interpreting the statute, and the limited circumstances under which plaintiffs can pursue such claims today. The episode highlights how these changes have significantly reduced the number of civil RICO securities fraud cases and provides practical guidance for defense counsel facing these claims.Key topics include:History of civil securities fraud RICO cases (1:45)The Prive Securities Litigation Reform Act (PSLRA) exclusion (6:45)The criminal conviction exception to the PSLRA exclusion (9:34)Application of the PSLRA exclusion to other claims involving securities (13:23)Application of the PSLRA exclusion if plaintiff cannot bring the claim directly under securities laws (15:52). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →RICO Section 1962(b): Acquisition or Maintenance of Control Over Legitimate Enterprises
Jul 800:20:02Tap to summarizeIn this episode of the RICO Report, host Cal Stein explores the intricacies of Section 1962(b) of the RICO statute. Though used more sparingly than Section 1962(c), this important section of RICO addresses the acquisition or maintenance of control over legitimate enterprises through racketeering activity. The discussion covers the applicability of Section 1962(b) beyond traditional mafia scenarios, including in modern corporate and labor union contexts, as well as causation issues and reasons why a RICO plaintiff might opt for a Section 1962(b) claim. The episode provides valuable insights into the complexities of pursuing claims under Section 1962(b) and its relevance in today's business world.Specific topics include:Overview of Section 1962(b) of RICO (2:12);Acquisition or maintenance of control over an enterprise (6:02);Causation under Section 1962(b): Damages must flow from the acquisition/maintenance of control (10:50);Reasons a plaintiff might use Section 1962(b) (14:17). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →The Impact of the Horn Case on RICO
Apr 7, 202500:28:05Tap to summarizeIn this installment, Cal discusses the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn that settled the longstanding Circuit Court split over whether personal injuries are ever compensable under the RICO statute. In its ruling, the Supreme Court broadened the scope of RICO by ruling RICO plaintiffs may, in some circumstances, recover damages that are derived from personal injuries. Cal explores the Supreme Court's reasoning in reaching this conclusion, the possible consequences of it (including a likely substantial increase in the number of RICO cases), and some strategies for how the defense bar may be able to use the Supreme Court's decision (which appears to be very plaintiff-friendly) to ward off what will almost certainly be a spate of personal injury-based RICO cases.Specific topics include:1:49 – Facts and procedural history: Medical Marijuana Inc. v. Horn;8:44 – Personal injuries can satisfy RICO's civil standing requirement of injury to one's "business or property";16:00 – Opening the floodgates: are we going to see an explosion of "personal injury RICO" cases?;19:08 – Silver lining for the defense bar: SCOTUS broadens RICO damages but emphasizes the directness requirement;23:20 – SCOTUS declines to specify what damages can "derive" from personal injuries.Our Cannabis Practice provides advice on issues related to applicable federal and state law. Marijuana remains an illegal controlled substance under federal law. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →RICO's Person/Enterprise Distinction
Feb 14, 202500:26:23Tap to summarizeJoin Troutman Pepper Locke White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment, Cal discusses the critical issue of the person/enterprise distinction that frequently arises in RICO litigation. RICO requires every plaintiff bringing a claim under Section 1962(c) to identify both a RICO person and RICO enterprise that are distinct from each other. Cal explores the specific contours of this distinction, how it has been shaped by opinions issued by the U.S. Supreme Court and multiple circuit courts, and how it is frequently litigated, including at the motion to dismiss stage. Specific topics include: What is the RICO person/enterprise distinction? (1:47); The Cedric Kushner case: when a RICO person and a RICO enterprise are distinct (8:18); Rejected RICO enterprises: corporations plus owners/employees/subsidiaries (16:02); Litigating the person/enterprise distinction at the motion to dismiss stage (23:18). Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Extraterritoriality
Oct 24, 202400:21:46Tap to summarizeJoin Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).In this installment, Cal discusses the issue of extraterritoriality in the context of RICO claims. Does the RICO statute reach conduct that occurred outside the U.S.? And how have federal courts addressed the extraterritorial application of RICO, particularly in the civil context?Specific topics include:The presumption against federal statutes applying extraterritorially (4:28);Application of this "bright line" presumption to RICO (6:40);The RJR Nabisco Case: SCOTUS finds RICO can apply extraterritorially depending on the predicate acts (10:54);The "domestic injury" requirement of RICO (15:42). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Navigating Civil Standing Requirements for Defense Success
Sep 5, 202400:22:12Tap to summarizeJoin Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).In this installment, Cal discusses RICO's civil standing requirement and explores how it can be used by the defense bar to defend RICO cases, particularly at the motion to dismiss stage.Specific topics include:Overview of RICO's Civil Standing Requirements (1:30);Injury to "Business or Property" Requirement (4:44);RICO's "By Reason Of" Standing Causation Requirement (8:03);RICO Standing In Business Competitor Lawsuits (14:09). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries
May 20, 202400:27:41Tap to summarizeJoin Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).In this installment, Cal discusses an upcoming U.S. Supreme Court case that will resolve a long-standing circuit split by determining whether recoverable RICO damages include those stemming from economic harm arising from personal injuries. Specific topics include:The Horn case and the District and Circuit Courts' rulings on RICO standing (1:10);The "antecedent personal injury bar" and the Second Circuit's rejection of it (7:00);The distinction between bodily harm and economic harm flowing from personal injury (14:55);The Circuit split and how the Supreme Court will resolve it (17:30); andImpact of the Supreme Court's decision on tort and products liability cases (22:53). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →RICO Vicarious Liability
Mar 28, 202400:19:47Tap to summarizeJoin Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).In this installment, Cal discusses RICO cases that are brought both against individuals involved in racketeering activity, as well as their employers, under a theory of vicarious liability or respondeat superior. Specific topics include:General criteria for vicarious liability (2:20);Policy arguments for vicarious liability in the RICO context (5:41);Vicarious liability for Section 1962(c) RICO claims (7:58);Vicarious liability for Section1962(a) and Section1962(b) claims (11:22);Vicarious liability for Section1962(d) claims (13:52);Congressional failure to clarify vicarious liability for RICO claims (14:29); andUsing vicarious liability arguments to dismiss RICO claims (17:45). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →RICO Damages
Mar 13, 202400:19:27Tap to summarizeJoin Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO).In this installment, Cal discusses the ins and outs of the civil remedy provision of RICO and RICO damages. Specific topics include:Legal history and overview of RICO damages (2:10);Availability of out-of-pocket, restitution, and consequential damages to RICO plaintiffs (4:58);Lack of standing for RICO plaintiffs to assert derivative damages (7:38);Exclusion of personal injury damages under RICO (10:54);Possibility of punitive damages being duplicative and unavailable under RICO (13:26); andTreble damages and attorneys' fees under RICO (15:35). Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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