Daniel Pascucci, left, and Michael Godwin, right, of Mintz. Courtesy photos
The U.S. Supreme Court’s June 22 decision in Yegiazaryan v. Smagin, No. 22-381, resolved a circuit court split over whether the Racketeer Influenced and Corrupt Organizations Act (RICO) is available to foreign plaintiffs, and embraced a nuanced case-by-case analysis that considers the domestic property and activities of a foreign plaintiff in determining whether its alleged injury was suffered in the United States.
In the days since the decision, analysts have heralded it as a sweeping change, opining the justices have opened a new path for enforcement of foreign arbitration awards and suggesting that civil RICO claims are now available to creditors enforcing such awards.
