ARTICLE: THE RICO CIVIL FRAUD ACTION IN CONTEXT: REFLECTIONS ON BENNETT v. BERG In Bennett v. Berg, 1 the United States Court of Appeals for the Eighth Circuit, as a matter of first impression in the Circuit Courts of Appeals, 2 faced and resolved a number of significant issues in the construction of Title IX, the Racketeer Influenced and Corrupt Organizations (hereinafter RICO) provisions of the Organized Crime Control Act of 1970. 3 In Bennett, the plaintiffs, residents in a life care retirement village, sought treble damages and equitable relief under 18 U.S.C. § 1964 from a number of defendants, including named individuals, a not-for-profit corporation, the John Knox Village, attorneys, accountants, the firm of Snyder, Ernst & Muehling, and the Prudential Life Insurance Company, a mortgage lender. The district court dismissed the complaint, and an appeal was taken. On appeal, the defendants sought to sustain the dismissal by arguing that: (1) no allegation of a connection between organized crime and the plaintiffs had been made; (2) no allegation of a culpable person separate from the charged enterprise had been made; (3) no allegation of an enterprise separate ...
Posted on: Wed, 08 Oct 2014 06:44:41 +0000
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