Cases brought pursuant to the Racketeer Influenced & Corrupt Organization Act (or, as it is more commonly known, the “RICO” Act), by their nature, involve numerous defendants, and one or more of those defendants may be cooperating with plaintiff against other defendants pursuant to a settlement agreement. Often, civil RICO cases follow (or proceed simultaneously with) a criminal prosecution relating to the same facts and parties. It is therefore important that an attorney defending a civil RICO case possess knowledge and experience in dealing with cooperating defendants and criminal investigations. It is for this reason that many suggest that the defense of a RICO case be handled only by an attorney with experience in both civil and criminal matters.
Significantly, civil RICO cases raise numerous legal issues, even where evidence of wrongdoing may seem overwhelming at the outset. Since the penalties and stigma of being found liable on a civil RICO claim are severe, courts have been stringent in holding plaintiffs to their burden in meeting all of the legal requirements of a civil RICO claim. Consequently, civil RICO cases are frequently vulnerable to motions to dismiss and such motions are typically brought at the outset of the case.
Mr. Millman has extensive experience dealing with complex civil matters in Federal Court and also has an array of skills that he has developed as a former prosecutor. As a result, he is effective in understanding government investigations, when and how to address cooperation with plaintiffs and how and to what extent related criminal prosecutions may impact upon the civil RICO case. Mr. Millman was successful in obtaining the dismissal of civil RICO claims against three defendants he represented in a case brought in the Eastern District of New York by one of the nation’s largest law firms.