In the 1990’s the Bank of New York Mellon was part of a court case involving a money laundering scheme where two Russian émigrés transferred $7.5 billion to the bank using an unlicensed wire transfer. As a result the bank was forced to pay a fine of $38 million.
- The U.S. Congress never intended RICO to be used by foreign courts;
- The Bank was never convicted of, much less charged with, any underlying criminal wrongdoing, which a RICO claim requires;
- The plaintiff is unable to provide any evidence of actual financial damages, as specified under RICO;
- This particular Russian court, the arbitrazh court, is a commercial court that has no jurisdiction to interpret or apply criminal statutes, let alone U.S. RICO law; and
- This is a case to recover lost tax revenue, which is a claim that cannot be brought under RICO, and any enforcement would be precluded in most countries by the well-established Revenue Rule.
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