RICO SLAPPs
RICO cases are suits done using the Racketeer Influenced and Corrupt Organizations Act as the basis of the suit. This was meant to be used to break apart mafias, however, when used in most modern cases it is used to harass people for opposing those with resources in the form of a SLAPP.
This case traces its roots to 2009, where attorney Steven Donziger won a multi-million dollar judgment against Chevron in Ecuadorian courts. The judgment was over an oil spill that devastated Ecuadorian farmers, natives for over 25 years. Chevron appealed its judgment in Ecuador in 2011, but was denied. Following this, Chevron launched a series of strategic maneuvers to destroy Donziger’s image, including the creation of a smearing publication. Chevron then filed a RICO complaint against Donziger in 2011. Donziger was convicted in 2021, and all of his funds were frozen, placing him on house arrest and unable to earn a salary. He has since served 6 months in federal prison.
After advocates – including Greenpeace, Lakota tribe advocates and Earth First! – spoke out against the Dakota Access Pipeline, Energy Transfer equity filed a lawsuit. The lawsuit includes RICO allegations, despite first amendment protections.
Resolute Forest Products, which manufactures forest-related products, sued Greenpeace International for posting negative criticism, and logging data involving the company. Resolute further stated that Greenpeace was illegally racketeering monetary support based on alleged false reports. Defendants prevailed on SLAPP motions.
So, interestingly enough, a real estate development company is suing a union for RICO and conspiracy. Allegedly, this California Union threatens and coordinates strategic maneuvers to real estate companies who refuse to use their workers on projects. The union also, allegedly, filed sham lawsuits against corps who fail to submit to their projects/workers.
Center for Immigration Studies (CIS) sued the Southern Poverty Law Center (SPLC) under a RICO claim for designating CIS as a hate group
A former city employee was fired and sued the police chief, the officers, and the city for first amendment violations and RICO after being fired. The court determined that there was no first amendment violation. There was also no injury or any evidence of RICO activity. He then appealed again without any evidence. In which the court once again decided he had no case. This means the city had to pay for two frivolous court cases.
A realtor with grievances from past lawsuits sues previous tenants for RICO and other tortious acts. The court held there was no pattern for racketeering and that none of the torts had any grounds. The tenants may have won but they had to pay for their lawyer.
A disgruntled independent party sued the winning party after losing an election. They sued claiming that the winning party used racketeering and fraud to win their way into the office. There was no evidence of such an event. As such it was eventually won by the defendants.
Glassco, a window-shield repair company, was sued by GEICO for allegedly “abusing” the insurance claims process for window repairs. GEICO alleged RICO and 1773 other complaints to break down Glassco’s resolve. Florida court affirmed SLAPP in part, and denied in part.
A dissatisfied homeowner sues the bank that foreclosed his house. The homeowner defaulted on his mortgage and assigned it to the bank. The bank then foreclosed and tried to evict him when he did not leave. He lost that case and then sued for RICO violations as well as other small issues in another case against the bank and the judges and clerks involved in the trial.