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To: angkor
I've been looking into the RICO andle, along with qui tam lawsuits, but I'm hung up on the issue of "standing." Any suggestions?
42 posted on 11/06/2007 12:57:30 PM PST by tracer
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To: tracer

I may have sent it to you in the past, but I vaguely recall finding a very good, scholarly treatment of civil RICO’s, and IIRC standing was an important part of the discussion. I was poking around for it earlier today but no luck.

I have to go out for a bit, but I’ll take another look for it later today, I’ll ping you on FRmail when I find it (or give up looking).

Just as an aside (I’m no lawyer either), it seems probable that one must demonstrate actual and demonstrable personal harm in order to participate in a civil RICO. That would be “standing”.

I suppose I could argue that Cargill is distributing e-coli hamburger due to illiterate illegal workers, and that this endangers me and my family personally, but probably that’s too vague (or maybe not). Certainly there’s no “actual harm” there.

It’s more likely along the lines of “I was fired, and Jose the Guatemalan illegal was hired”.

That’s demonstrable and actual harm = “standing”.

More to the point, I can’t sue Tyson because they hire illegals. I have to demonstrate that Tyson’s hiring of illegals actually harmed me personally.


43 posted on 11/06/2007 1:13:17 PM PST by angkor ("Hyeah right. The man who singlehandedly killed ManBearPig is a loser." Al Gore, South Park 10.06)
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