Bird Marella Of Counsel Ariel A. Neuman, authored the article “Ruling in Chevron’s Ecuador Case Inspires a RICO Refresher” in the California Daily Journal, highlighting Chevron’s recent victory in a civil Racketeer Influenced and Corrupt Organization Act (“RICO”) suit. Mr. Neuman explained that the case, in which a U.S. District Judge found that an “enterprise” made up of lawyers, activists and consultants engaged in a pattern of criminal activity in order to obtain a $9.5 billion dollar judgment against Chevron in Ecuador, demonstrates that RICO can be used not only from the usual offensive posture, but also from a defensive posture.
Mr. Neuman pointed out that Chevron’s victory proves you should not wait for the government to investigate crimes but instead, should consider taking charge in a “do-it-yourself” criminal prosecution via the civil RICO statute. Furthermore, Mr. Neuman discussed various fundamentals of a civil RICO claim, such as the statute’s enterprise and pattern requirements and the applicable statute of limitations, and explained how a civil practitioner can take on the role of prosecutor by bringing such claims.
