A split federal appeals panel has reinstated part of New York City’s case claiming online cigarette sellers are guilty of racketeering by skirting a law requiring the reporting of cigarette sales to collect taxes.
The 2nd U.S. Circuit Court of Appeals said the city has standing to sue under the Racketeer Influenced and Corrupt Organizations Act “where it has alleged direct injury of lost taxes” caused by Internet retailers’ “commission of mail and wire fraud” through the sale of cigarettes to city residents without complying with the reporting requirements of the federal Jenkins Act.
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