On April 2, 2025, the Supreme Court declined to cabin the scope of damages available under civil RICO. In a 5-4 holding, the Court affirmed the Second Circuit’s holding that a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury. The decision was a setback for WLF, which filed an amicus brief in the case urging reversal. As WLF’s brief explained, under the Second Circuit’s logic, all RICO predicate offenses can cause direct injuries to business or property. WLF’s brief also explained that civil RICO defendants are entitled to heightened due-process protections because of the potential for treble damages and criminal penalties.
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