Brian Rosner Natalie A Napierala

October 03, 2018 | New York Law Journal

This article addresses a circuit split over whether foreign sovereigns are immune from criminal prosecution and therefore immune from civil RICO liability; addresses a related line of case law, within the Second Circuit, which holds that a domestic governmental entity cannot be civilly liable under RICO because such an entity is not capable of forming the intent necessary to commit a criminal act; and concludes by analyzing whether, as with domestic government entities, a foreign sovereign is not capable of forming the intent necessary to be found civilly liable under RICO.

By Brian Rosner, Natalie A. Napierala and Michael D. Sloan

11 minute read