United States Second Circuit

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Bascunan v. Elsaca, 16-3626

In a civil RICO action, alleging defendant stole millions of dollars from plaintiff, his cousin, while holding power of attorney through several fraudulent financial schemes, the district court's order granting defendant's motion to dismiss is reversed where: 1) some of plaintiff's alleged injuries to property in the United States meet the domestic injury requirement for civil RICO liability under RJR Nabisco v. European Community, 136 S. Ct. 2090 (2016); and 2) defendant's alleged transfer of stolen funds to the United States fails to transform an otherwise foreign injury into a domestic one.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/10/31

Judges

  • CABRANES

Court

  • United States Second Circuit

Counsel


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