What the Second Circuit Did and Didn't Tell Us About RICO's Reach


Orrick partner Robert Reznick authored an article for Law360 analyzing the Second Circuit's recent decision in Bascuñán v. Elsaca. In issuing its decision, the Second Circuit became the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) must be based on a “domestic” injury to the plaintiff’s business or property. The article examines how the Second Circuit’s decision addresses the issue with two main holdings.