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 by an attorney who not only possesses significant experience litigating RICO cases but also possesses a background in litigating both civil and criminal matters.
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Significantly, civil RICO cases raise numerous legal issues, even where evidence of wrongdoing may seem overwhelming at the outset. There are, however, various defenses to civil RICO cases that may be applicable to a particular case, depending upon the circumstances.
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 a civil RICO case. Mr. Millman has successfully obtained dismissals of RICO claims against a number of clients he has represented, including a recent case brought by one of the largest law firms in New York City.