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RICO

By: Derek Hawkins//August 8, 2016//

RICO

By: Derek Hawkins//August 8, 2016//

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7th Circuit court of Appeals

Case Name: Empress Casino Joliet Corp., et al v. Balmoral Racing Club, Inc. et al.

Case No.: 15-2526

Officials: WOOD, Chief Judge, and WILLIAMS and HAMILTON, Circuit Judges.

Focus: RICO

Jury did not have legally sufficient evidence to support RICO verdict.

“Continuity is “centrally a temporal concept.” Id. at 242. The continuity requirement ensures that RICO targets “long‐ term criminal conduct,” one classic example being a protection racket, in which a criminal extracts monthly “insurance” payments from businesses. Id.; see also Gamboa v. Velez, 457 F.3d 703, 705 (7th Cir. 2006) (“RICO, nonetheless, does not cover all instances of wrongdoing. Rather, it is a unique cause of action that is concerned with eradicating organized, long‐ term, habitual criminal activity.”). Continuity limits RICO to schemes meant to exist over a period of time, not one‐off crimes.”

Affirmed in part

Reversed in part

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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