Civil Rico, Foreign Defendants, and Et

61 Pages Posted: 24 Mar 2006

See all articles by Michael Goldsmith

Michael Goldsmith

Brigham Young University

Vicki Rinne

affiliation not provided to SSRN

Abstract

[T]he extraterritorial application of the Racketeer Influenced and Corrupt Organization Act ('RICO') may far exceed the securities and antitrust laws both in terms of the scope of its reach and the hostility of the reaction of the international community. ... RICO provides both civil and criminal sanctions against persons engaged in enterprise criminality. ... JURISDICTIONAL BARRIERS TO EXTRATERRITORIAL RICO SUITS ... This so-called effects doctrine, which some foreign governments view with hostility, is critical to jurisdiction in an extraterritorial RICO case whenever the location of an act cannot be fixed precisely. ... Personal jurisdiction over resident defendants usually arises from their presence in the forum's territory. ... Another method of obtaining personal jurisdiction is especially useful in extraterritorial RICO litigation. ... Adjudicative jurisdiction in an extraterritorial RICO case also requires valid service of process. ... Blocking statutes also may thwart discovery in extraterritorial RICO cases. ... Addressing these needs and drawing on the application of other United States statutes extended abroad, extraterritorial RICO reform should authorize: 1) prescriptive jurisdiction in extraterritorial cases based on effects; 2) foreign service of process; 3) designation of domestic agents for service of process; and 4) reduction of treble damages at a plaintiff's request to facilitate enforcement jurisdiction. ...

Suggested Citation

Goldsmith, Michael and Rinne, Vicki, Civil Rico, Foreign Defendants, and Et. Minnesota Law Review, Vol. 73, p. 1023, April 1989, Available at SSRN: https://ssrn.com/abstract=890366

Michael Goldsmith (Contact Author)

Brigham Young University ( email )

Provo, UT 84602
United States

Vicki Rinne

affiliation not provided to SSRN

No Address Available

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
139
Abstract Views
1,826
Rank
374,934
PlumX Metrics