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OVERVIEW

Civil RICO Litigation WHEN IT COUNTS

Barnes & Thornburg's litigators have extensive experience representing clients in state and federal RICO litigation. Our RICO practitioners represent clients in state and federal court across the country, representing both plaintiffs and defendants in civil RICO cases. The Firm has represented clients in obtaining early resolution of RICO claims, and also in taking cases to trial when it becomes necessary.

For instance, the Firm defended a client in a RICO jury trial in the District of New Jersey where the plaintiff claimed a multi-million dollar injury based on the client's sales practices. Similarly, the Firm represented a prevailing plaintiff in the District of Columbia, in a case where the district court judge awarded compensatory damages, attorney's fees and treble damages for RICO violations in light of a telephone provider's manipulation of charges.

In addition, our litigators have authored articles on civil RICO issues for law journals and legal publications. Additionally, the Firm's White Collar Crime Practice Group attorneys - including several former prosecutors and Assistant United States Attorneys - represent clients in both civil and criminal proceedings involving allegations of RICO violations.

EXPERIENCE
  • A Barnes & Thornburg attorney represented a Taiwanese client who manufactures graphic cards for video games and brought suit against US company for breach of contract and RICO claims for nonpayment for delivered product. Info-Tek Corp. v. Visiontek Prods., LLC, No. 1:09cv2955 (N.D. Ill., filed May 14, 2009).
  • A Barnes & Thornburg attorney represented several health insurance entities in litigation to obtain insurance coverage for RICO class actions. Obtained significant rulings regarding discovery, summary judgment rulings applying estoppel and public policy, and a significant ruling regarding the recovery of attorneys’ fees under a surplus lines policy. The matter settled on the eve of trial. (*This matter occurred prior to joining Barnes & Thornburg.)
  • A Barnes & Thornburg attorney successfully defended a Fortune 100 corporation against RICO claims. The District Court granted the client’s motion to dismiss the claims. (*This matter occurred prior to joining Barnes & Thornburg.)
  • Barnes & Thornburg attorneys represented life insurance company in a case involving RICO, fraud and ERISA claims regarding a life insurance product. After a three-day trial, the jury entered a verdict for our client on the fraud and RICO claims and the trial court found in its favor on the ERISA claims. The Third Circuit then affirmed the district court. Faulman v. Sec. Mut. Fin. Life Ins. Co., No. 3:04-cv-05083 (D.N.J. 2008)
  • Barnes & Thornburg attorneys represented major pharmaceutical company in a case involving a fraudulent scheme by defendants, a coterie of women in New York, to purchase client's products at a large discount for a purported "promotional program." The phony promotional program was sold to Client as a plan to distribute its diabetes care products through independent pharmacies. Once client agreed to sell the products to defendant for the program, defendant secretly diverted the products to wholesalers and pocketed the discount. When Client brought suit to enjoin the scheme, defendant produced fabricated documents to prove that the Client knew the products would be diverted from the beginning. The court granted Client's motion for a TRO and the case settled. The individual defendants were later prosecuted criminally.
  • Represented officer of a national telecommunications company, in SEC investigation and against multi-million dollar federal and state securities fraud, RICO and related fraud-based civil claims in lawsuits filed in multiple state and federal jurisdiction across the country, including Colorado, Florida and Illinois. Obtained complete dismissal with prejudice and award of attorney fees from in federal lawsuit, which was affirmed on appeal, based on the statute of limitations and failure to state a claim; obtained dismissal of federal securities claims in two other federal lawsuits based on the Private Securities Litigation Reform Act; obtained voluntary dismissal in state action after motion to dismiss for lack of personal jurisdiction; and otherwise obtained favorable pre-trial resolutions on remaining claims and cases.

    Shriners Hospitals for Children v. Qwest Communs. Int’l, Inc., 2005 U.S. Dist. LEXIS 40044 (D. Colo. Sept. 23, 2005); Teachers Ret. Sys. of La. v. Qwest Communs. Int’l, Inc., 2005 U.S. Dist. LEXIS 44756 (D. Colo. Sept. 23, 2005); Rogers v. Nacchio, 241 Fed. Appx. 602 (11th Cir. 2007); State Universities Retirement System, et al. v. Qwest Comms, Inc., Cause No. 03-CH-508(Circuit Court of Cook County, Illinois).
  • The United States Court of Appeals for the 7th Circuit affirmed a decision dismissing claims that several U.S. and U.K. companies conspired to defraud two Mexican Banks.

    Banco del Atlantico, S.A., a Mexican bank, filed a lawsuit in Texas in 1996 alleging that several companies in the U.S. and the U.K. had conspired to defraud it of more than $12 million in loan proceeds. HSBC Mexico, S.A. joined as an additional Plaintiff in 2004. The Banks also asserted claims under the Racketeer Influenced and Corrupt Organizations Act (RICO).

    In 2003, the Texas Court transferred the case to the Southern District of Indiana. In 2005, the Indiana Court granted defendants’ motion to dismiss the Banks’ RICO claims. In 2007, the Indiana Court dismissed all of the Bank’s claims as a sanction for the Banks’ failure to prepare their witnesses and comply with the rules of discovery. The 7th Circuit agreed with the Indiana Court and affirmed the dismissal of all claims against the Defendants. 7th Circuit’s opinion is published at Banco del Atlantico, et al. v. Woods Industries, Inc., et al., 519 F.3d 350 (7th Cir. 2008).

    Barnes & Thornburg LLP and Schiff Hardin LLP represented Defendant Woods Industries, Inc. in the Banco del Atlantico litigation, which included depositions in the United States, the United Kingdom, Hong Kong, and Mexico. "This was a tremendous team effort," said Jeff Barron, a partner at Barnes & Thornburg LLP who represented Woods in the litigation since 1999.

    Banco Del Atlantico, S.A. v. Woods Indus., No. 07-2238 (7th Cir. 2008).
PROFESSIONALS

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