Daniel Pascucci, left, and Michael Godwin, right, of Mintz. Courtesy photos

SCOTUS Clarified RICO's Domestic Injury Requirement, Did Not Create New Civil Right of Action for Enforcing Arbitration Awards

Civil RICO remains a narrow and burdensome path for any plaintiff and, while perceptions of the high court's tacit approval may incentivize new test cases, filing longshot racketeering claims will do more harm than good to an asset recovery campaign, according to Daniel Pascucci and Michael Godwin of Mintz.

July 21, 2023 at 01:09 PM

9 minute read

United States Supreme Court

Daniel Pascucci

Michael Godwin

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.