A federal appeals court turned heads last year when it ruled that the Racketeer Influenced and Corrupt Organizations Act could apply to overseas conduct involving R.J. Reynolds. The court, though divided, stood by its decision on Monday, rejecting arguments by RJR’s lawyers at Jones Day and allowing a coalition of European governments to proceed with their case.
By an 8-5 vote, the U.S. Court of Appeals for the Second Circuit denied a request by Jones Day’s Gregory Katsas for an en banc rehearing in European Community v. RJR Nabisco, which has been meandering through the courts since 2000. The European plaintiffs accuse RJR Nabisco’s R.J. Reynolds Tobacco subsidiaries of engineering a complex, global money laundering operation. The alleged scheme involved criminal organizations from Russia and Colombia smuggling drugs into Europe and laundering the money they made through currency brokers, who then worked with importers to use the proceeds to purchase R.J. Reynolds cigarettes.
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