RICO

ABUSIVE “RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT” LITIGATION IS SERIOUS BUSINESS

The accusation of being a “racketeer” or “criminal enterprise,” as well as the specter of treble damages and attorneys’ fees, are not to be taken lightly. When clients face RICO claims, they want lawyers with a proven track record. Gallop Johnson provides just that.

The RICO statute is a blend of civil and criminal laws originally designed by Congress as a tool to fight infiltration of legitimate businesses by criminal elements, or investment or use of proceeds from criminal activities in them, and related organized crime conspiracies.

As RICO authorized civil actions by private parties it triggered high stakes, in terrorem litigation which was subject to widespread abuse. Creative lawyers continue to transform common business disputes into allegations of criminal misconduct to create settlement leverage. While the Courts have narrowed some attempts to over-extend RICO, it remains a potent threat in many litigation contexts.

THE RESOURCES YOU NEED

You want counsel with complex trial experience, familiar with the intricacies of RICO, the relevant criminal statutes that define the requisite predicate acts, and management of the potential for parallel proceedings and class actions. Gallop Johnson has experience handling RICO cases in a wide variety of business settings, with skilled jury trial lawyers and appellate advocates.

We have represented corporate, individual and public clients in government investigations, enforcement proceedings and litigation in the white collar arena. The strength of the practice is actual experience in a variety of contexts:

• Bank and securities fraud
• False Claims Act violations
• Gambling regulatory and criminal violations
• Healthcare fraud
• Immigration fraud
• Income tax violations, tax evasion and filing false returns
• Money laundering
• Price-fixing and other antitrust charges
• Public corruption
• Qui tam cases
• Sales tax evasion
• Wire and mail fraud

Our experience in defending RICO actions, as well as multi-district litigation matters, class actions and parallel proceedings is extensive. We monitor RICO litigation on a national basis, and stay fully abreast of procedural and substantive RICO defense issues. Gallop Johnson lawyers are known for developing proactive, efficient and cost-effective solutions to RICO and complex multiparty litigation matters.

SPECIFIC RICO EXPERIENCE

Gallop Johnson attorneys have defended RICO claims in numerous cases over the years including:

• Craig Outdoor et al. v. Viacom Outdoor, Inc., et al., 528 F. 3d 1001 (8th Cir. 2008) (Successful appeal from adverse RICO jury verdict in case tried by another firm).
• Simmons et al. v. CBS Outdoor, No. 06-0863-CV-W-DW (W.D. Mo. 2009) (Successful settlement of RICO claims against corporate officer).
• StoneRidge Investment, et al. v. Charter Comm. Inc., et al., 4:02-CV-1186 (E.D. Mo.) (Dismissal of RICO charges in securities fraud class action).
• Siddle v. Connectgov. Inc., No. 3:09-CV-376-GPM, (S.D. Ill. 2009) (Dismissal of RICO claims on the pleadings)
• McDonough v. National Home Ins. Co., et al., 108 F.3d 174 (8th Cir. 1997) (Summary judgment in RICO case against developers, home warranty companies and title company, affirmed).
• Yannacopoulos v. General Dynamics Corp., (E.D. Mo. 1994), 75 F. 3d 1298 (8th Cir. 1996) (Summary judgment for defendant affirmed in “whistleblower” procurement fraud case involving F-16 sales to Italy).
• Blake v. Eagle Finance, 4:96-CV-00788-COD (E.D. Mo. 1996) (Dismissal of RICO claims in securities fraud litigation).
• Squires Way Dev. Co. v. Art Management Services, Inc.¸89-2126-CCS (E.D. Mo. 1990) (Summary judgment for franchisor in franchise development fraud/RICO case)..
• Zore, Inc. v. Big River Zinc Corp., 4:95-CV-00817-DDN (E.D. Mo. 1995) (Complex contract and fraud claims and counterclaims for RICO for Dillion Read & Company)

For more information on our Value approach to all litigation matters, please refer to our Value Statement.