United States Second Circuit

In this action brought by plaintiff representing the European Community and twenty-six of its member states, dismissal of complaint alleging that defendant was involved in a global money-laundering scheme in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and committed various common law violations of New York state law is vacated and remanded, where: 1) with respect to a number of offenses that are alleged in this case that constitute predicates for RICO liability, Congress has clearly manifested an intent that they apply extraterritorially, and the complaint alleges sufficiently important domestic activity to come within RICO coverage; and 2) the European Community is an "agency or instrumentality of a foreign state" and therefore qualifies as a "foreign state", allowing for diversity jurisdiction.

Appellate Information

• Decided 08/20/2014
• Published 08/20/2014

Judges

• Leval

Court

• United States Second Circuit

Counsel