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European Community v. RJR Nabisco, Inc.

764 F.3d 129 (2014)

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European Community v. RJR Nabisco, Inc.

United States Court of Appeals for the Second Circuit
764 F.3d 129 (2014)

SR

Facts

The European Community (plaintiff) filed a complaint against RJR Nabisco, Inc. (RJR) (defendant), alleging that RJR operated a global, money-laundering scheme in which foreign organized-crime groups laundered money in Europe through the purchase and importation of RJR cigarettes. The complaint claimed that RJR managed and controlled this scheme, sending its employees to foreign countries to bribe foreign officials, filing fraudulent documents with United States agencies, and receiving profits from the money-laundering scheme in the United States. RJR was alleged to have committed numerous acts in violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, including mail fraud, wire fraud, money laundering, violations of the Travel Act, and the provision of material support to foreign-terrorist organizations. The District Court for the Eastern District of New York dismissed the complaint on the grounds that the alleged enterprise was located outside the United States and that the RICO Act did not apply extraterritorially. The European Community appealed.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

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