Kensington International Ltd. v. Société Nationale des Pétroles du Congo
United States District Court for the Southern District of New York
2006 WL 846351 (2006)
Kensington International Ltd. (Kensington) (plaintiff) sued the Congolese oil producer Société Nationale des Pétroles du Congo (SNPC) and the French bank BNP Paribas S.A. (BNP) (defendants) in federal district court under the civil Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly conspiring to (1) steal Congolese oil, (2) sell the stolen oil to American buyers, (3) deposit the sale proceeds in BNP’s New York City branch, (4) set up complex sham enterprises to launder the proceeds and defraud creditors, and (5) transfer the proceeds to Congolese officials in the form of bribes. SNPC and BNP moved to dismiss the suit for lack of subject-matter jurisdiction, lack of standing to maintain a RICO claim, and failure to state the elements of the predicate offense.
Rule of Law
Holding and Reasoning (Preska, J.)
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