DeGuelle v. Camilli

Dist. Ct. erred in dismissing for failure to state viable cause of action plaintiff's RICO action under 18 USC section 1962(c), alleging that various co-workers participated in several acts of racketeering that included mail fraud associated with submission of false tax returns on behalf of plaintiff's employer, witness tampering by attempting to silence plaintiff through offers of increased pay, tampering with evidence by directing plaintiff to destroy certain tax-related documents and retaliation against plaintiff by terminating him for his whistle-blowing activities. While Dist. Ct. believed that instant complaint was deficient because plaintiff alleged two separate, unrelated schemes involving tax fraud and retaliation, complaint sufficiently alleged relationship between retaliatory acts and underlying tax fraud scheme where: (1) plaintiff accused one individual of participating in both mail fraud and retaliation acts and accused others of participating in witness tampering and retaliation; and (2) plaintiff asserted that alleged acts of mail fraud, witness tampering and retaliation occurred within compact five-month time frame.