Edward Kang, with Kang Haggerty. Courtesy photo Sophisticated Schemers Beware: Civil RICO Expands Creditors' Arsenal—Part II
The Supreme Court recently issued its opinion in Yegiazaryan v. Smagin affirming the Ninth Circuit's holding and providing RICO plaintiffs with a powerful tool against debtors employing fraudulent tactics to avoid payment.
July 20, 2023 at 01:23 PM
9 minute read
Civil Procedure
"No one understands RICO." I reflected on this peculiar comment made by an opposing counsel in my January 2023 Legal Intelligencer column highlighting the U.S. Court of Appeals for the Ninth Circuit's decision in Smagin v. Yegiazaryan, 37 F.4th 562 (9th Cir. June 10, 2022). The Supreme Court recently issued its opinion in Yegiazaryan v. Smagin, No. 22-381, (June 22, 2023), affirming the Ninth Circuit's holding and providing RICO (Racketeer Influenced and Corrupt Organization) plaintiffs with a powerful tool against debtors employing fraudulent tactics to avoid payment. This decision not only resolves a circuit split on the application of RICO but also illustrates the expanding comprehension and scope of RICO.
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