This month, we discuss Republic of Iraq v. ABB,1 in which the U.S. Court of Appeals for the Second Circuit affirmed a district court decision that dismissed Foreign Corrupt Practices Act (FCPA), Racketeer Influenced and Corrupt Organizations Act (RICO), and state law claims brought by the Republic of Iraq against two individuals and numerous business entities based around the world.
The plaintiff’s claims were based on allegations that from 1997 to 2003, defendants had conspired with Saddam Hussein, who was then president of Iraq, to divert money from, and corrupt, the United Nations’ “Oil-for-Food” program. The court’s opinion, written by Judge Amalya L. Kearse, joined by Judge Ralph K. Winter, Jr., and joined in part and dissented from in part by Judge Christopher F. Droney, established that in the Second Circuit, the “in pari delicto” defense, which bars liability when the plaintiff is equally at fault, is available in RICO cases, and that the doctrine applied in this case.
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