Dist. Ct. did not err in entering judgment on pleadings in defendant’s favor on plaintiff’s civil RICO action against defendants under 18 USC section 1964(c), alleging that defendants conspired among themselves to drain assets from third-party that owed $70 million judgment to plaintiff so that plaintiff could not satisfy its judgment against third-party. Under RJR Nabisco, Inc. v. European Community, 136 S.Ct. 2090, private RICO plaintiff must allege and prove domestic injury to its business or property, and plaintiff could not establish domestic injury arising out of defendants’ alleged conduct, where: (1) plaintiff’s property in form of $70 million judgment is intangible asset; (2) intangible asset is located where plaintiff’s injury occurred, which for plaintiff was its principal place of business; and (3) plaintiff’s principal place of business is Singapore, which precluded plaintiff from pleading plausible claim under civil RICO.
Federal 7th Circuit Court
Civil Court
RICO