Criminal cases are pursued under RICO. This is a civil case. So in a word, no, not by this agency.
However, the NY AG has referred the case for possible criminal prosecution to the US SDNY as well as the IRS’s criminal enforcement arm. To this you can add the Manhattan DA’s office, who also has the ability to pursue criminal charges based on these facts. So one of them, most likely US SDNY, may pursue under RICO.
Won’t the result of this just be that the Trump Organization is found liable, has debts in excess of its assets, goes bankrupt, and the next day Trump just creates a new company with a clean slate? I’d feel a lot more confident about this case if the defendants listed were just the humans.
It’s already happening. That last rally in Ohio, the creepy one, was held in a venue that had an 8,000 seating capacity. He barely filled a third of it. The camera angles are kept tight to make it look like there is a dense crowd, but that’s misleading.
Pretty soon we’ll need to use a microscope to see his remaining supporters. All that will be left are the bacteria.
It may be that the worst thing that could happen to Trump has happened. He’s become boring. He’s been rehashing the same act for the last 2 years. It’s all, “They are all out to get me”, “the 2020 election was stolen”, “Biden is bad, none of this would have happened if I were in charge”. He needs some new material. Meanwhile DeSantis is the new shiny thing making extravagant gestures to stick it to the liberals and brown people.
I realize you’re an attorney and are probably correct about the instant case, but I’m sure I recall hearing about civil RICO cases. But perhaps that’s not a thing under New York statutes.
To be clear, I’m not an attorney. Just someone who worked in courtrooms for 20 years at the state level (not New York) and am generally familiar with legal procedure.
I’m aware that New York has a baby RICO law, but I’ve only ever heard about it employed in criminal cases. I’m always happy to learn from the lawyers here and in the case of your inquiry, lawyers who practice in New York.
Part of the remedy suggested is to forbid them from creating a new company, though this would only be valid in New York.
But I’m also under the impression that the reason for going after the humans as well is so that they can also be found liable. Do you have any examples of cases where companies were found liable for fraud, but the people who actually committed the fraud escaped otherwise unscathed?
I don’t know if New York state has a civil RICO statute (I presume it does) but I wonder if they need it. They are alleging civil and criminal conspiracy, and I assume they have plenty of remedies available even without a RICO count. Looking closer, the third cause of action is very similar to a RICO allegation. The remedies may be different.
The silver lining here is that if this civil action leads to criminal proceedings, only individual persons can be charged with crimes. The company can’t protect them.
The company will be left a shambles after the civil penalties are done with it.
And it may give you a smile to keep in mind that in this case, because the company is privately held, the company is the Trumps and the Trumps are the company. Whatever hurts the company will hurt the Trumps.
But, the other silver lining is that all the defendants might have “joint and several” liability, meaning if the company has insufficient assets to satisfy a judgment, the other defendants would have to pay it. I say might because I don’t know how this question would play out in NY courts)
That concept I know about well. I can’t think of any instance in my experience where a company was charged with crimes, but at the state level, it is probably far less common. In the county where I worked, the DA’s office charged the people who owned the company instead.
Or I may just be misremembering… it’s been awhile.
It’s a grand day when Trump must face judgement by NOT a congress full of Republican ass kissers, enablers and co-conspiritors! I propose a toast, to all of you.