On July 11, 2024, WLF filed an amicus brief urging the U.S. Supreme Court to limit the scope of civil RICO. As WLF’s brief explains, the Second Circuit’s decision overlooks the fact that all RICO predicate offenses can cause direct injuries to business or property. The decision similarly ignores that the Department of Justice prosecutes racketeers who engage in murder and kidnapping. WLF’s brief also explains that civil RICO defendants are entitled to heightened due-process protections because of the potential for treble damages and criminal penalties. Although fair notice of what the law requires lies at the heart of due process, the Second Circuit allowed Horn’s claim to proceed despite the lack of notice that he could sue for economic damages resulting from a personal injury.
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