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United States v. Eisen

United States Court of Appeals for the Second Circuit

974 F.2d 246 (2d Cir. 1992)

Facts

Morris Eisen (defendant) was the founder of Morris J. Eisen, PC, a large New York City personal-injury law firm. The firm engaged in excessive fraud in earning contingency fees from personal-injury lawsuits through fraud and bribery. The firm routinely pressured witnesses to testify falsely, falsified evidence, and paid unfavorable witnesses not to testify. Seven of the firm’s attorneys, investigators, and office personnel (defendants) were charged with and convicted of violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) under 18 U.S.C. §§ 1962(c), (d). The underlying racketeering activity that provided the basis for their convictions included mail fraud and bribery of witnesses. The members of the firm appealed their convictions, arguing that their conduct constituted perjury, which was not included as an enumerated predicate offense required for a conviction for racketeering activity under RICO.

Rule of Law

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Issue

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Holding and Reasoning (Newman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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