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Conflict of Laws Keyed to Brilmayer
RJR Nabisco, Inc. v. European Community
Citation:
136 S. Ct. 2090 (2016)Facts
Defendants, RJR Nabisco and related entities (“RJR”), participated in a global money-laundering scheme in association with various organized crime groups. Plaintiffs, the European Community and 26 of its member states (“European Community”), brought suit against RJR in the Eastern District of New York in 2000, alleging that RJR had violated The Racketeer Influenced and Corrupt Organizations Act (“RICO”). RICO sets forth forth four prohibitions aimed at ways that racketeering activity may be used to infiltrate, control, or operate an enterprise that is engaged in interstate or foreign commerce.
The European Community alleged that RJR had violated RICO prohibitions by using income derived from the pattern of racketeering to invest in, acquire interest in, and operate the RJR Money-Laundering Enterprise in violation of RICO; acquired and maintained control of the enterprise through the pattern of racketeering; operated the enterprise through the pattern of racketeering; and conspired with other participants in the scheme. RJR’s violations allegedly harmed the European Community in various ways: competitive harm to state-owned cigarette businesses, lost tax revenue from black-market cigarette sales, harm to European financial institutions, currency instability, and increased law enforcement costs.
RJR moved to dismiss the European Community’s complaint, arguing that RICO does not apply to racketeering activity occurring outside of the U.S. or to foreign enterprises. The New York district court agreed, and dismissed the RICO claims as impermissibly extraterritorial. The Second Circuit reinstated the RICO claims, concluding that Congress clearly manifested an intent that RICO apply extraterritorially. RJR sought a rehearing, arguing that RICO’s civil cause of action requires a plaintiff to allege a domestic injury. The panel denied rehearing. The U.S. Supreme Court granted RJR’s petition for certiorari.
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