Banking Misconduct Blog


RICO Claims Must Cover 12 Months of Activity

Appeals Court Rules that Illegal Activity Must Continue at Least One Year to Establish Racketeering
How long must illegal behavior continue before it becomes racketeering? A federal appeals court in Philadelphia recently answered that question in an alleged Ponzi scheme case.
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From the Archives – CWCapital Sued for Libel, RICO

We are no fans of special servicers. At the top of our list of bad commercial loan servicers are CWCapital Asset Management (“CW Capital”) and LNR Partners. We have litigated complex CMBS cases against both companies, something few lawyers have done. Because our practice is so unique,...


Judge Okays $7 Billion RICO Class Action Against State Farm

State Farm claims to be the nation’s number one insurer. According to its website, the company promises to deliver the value customer’s expect from the industry’s leader. Evidently, that bar is quite low. In 1999, a trial court ruled against State Farm and ordered the insurance...

PNC to Pay $24- $70mm to Settle RICO Class Action Suit

Want to cause a banker to shudder with fear? Mention the word RICO. Short for the Racketeer Influenced and Corrupt Organizations Act, RICO is one of the most potent weapons against corrupt banks and bankers. A recent lawsuit against PNC Bank alleging the bank violated truth in lending and...

Can I Sue My Bank for Breach of Fiduciary Duty?

“Can I sue my bank for breach of fiduciary duty” is a question we often hear. Many folks are quite surprised when they receive our answer. As a general rule, in most states banks do not owe a fiduciary duty to customers. There are exceptions, however.
There is a popular...

Zions First National to Pay $37.5mm to Settle RICO Suit

A long running battle between consumers and Zions First National Bank came one step closer to resolution this week. The bank and two of its subsidiaries agreed to pay $37.5 million to settle a lawsuit brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). The suit claimed that...

Mineral Rights Claim Shows Novel Use of Racketeering Law

The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally intended as a criminal statute. Congress wanted to arm prosecutors with a new law to address criminal conspiracies involving gangs and organized crime. A last minute amendment allowed private litigants to use the law in...

RICO Complaint Targets Title Co’s, Marriott’s Timeshare Program

A class action lawsuit filed under the Racketeer Influenced and Corrupt Organizations Act (RICO) last month claims Marriott’s “Vacation Club” timeshare program is actually an illegal racketeering scheme. A couple from Shelbyville, Indiana say they were duped into thinking they...

Tribe, Payday Lender Can’t Dodge RICO Claim

A Vermont federal court judge refused to toss a RICO claim filed against the Chippewa Cree payday lender, Plain Green LLC. The court also refused to enforce a loan provision that prevented borrowers from filing lawsuits or making class action claims. The payday lender unsuccessfully argued that...