Court Of Appeals In New York Holds That Misappropriation Of Tangible Property In The US Is A US “Domestic Injury,” Even If Suffered By A Non-US Plaintiff

The World in U.S. Courts: Winter 2018 - Racketeer Influenced and Corrupt Organizations Act (RICO)

RETURN TO Winter 2018 Edition

Bascuñán v. Elsaca, US Court of Appeals or the Second Circuit, October 30, 2017

Bascuñán is the first decision of a court of appeals to address the requirement that a private claim under the RICO must be based on a “domestic” injury to the plaintiff’s business or property. It has two principal holdings: First, if “a civil RICO plaintiff alleges separate schemes that harmed materially distinct interests to property or business, each harm—that is to say, each ‘injury’—should be analyzed separately for purposes of [the domestic injury] inquiry.” Second, “a plaintiff who is a foreign resident may nevertheless allege a civil RICO injury that is domestic. At a minimum, when a foreign plaintiff maintains tangible property in the United States, the misappropriation of that property constitutes a domestic injury.” Our commentary on the decision was published by Law360 on November 3, 2017, and may be found here.

RETURN TO Winter 2018 Edition

RETURN TO The World in US Courts Home Page

US Laws Discussed

Editorial Board