Supreme Court Allows RICO Tax Lien Lawsuit
US Legal News
A pair of Chicago-area companies have the right to sue their competitors under federal racketeering law for allegedly gaining more than their fair share of tax liens, the U.S. Supreme Court ruled.
BCS Services Inc. and Phoenix Bond & Indemnity Co. sued their competitors under the Racketeer Influenced and Corrupt Organizations Act, claiming they committed mail fraud when they sent notices to delinquent taxpayers.
At issue were the competitors' statements that they were independent organizations bidding for the tax liens, when there were instances of relatives bidding for the same properties, the plaintiffs claimed.
The district court had ruled that BCS and Phoenix did not have standing because the taxpayers did not receive the notices in the mail. Justice Thomas, writing for the unanimous court, upheld the 7th Circuit's reversal of that decision, which ruled that BCS and Phoenix had standing because they were injured by the defendants' actions.
The competitors had argued that BCS and Phoenix did not rely on the competitors' statements of independence because they were made to the county, not to BCS and Phoenix.
Related listings
-
Two Foreclosure Crooks Plead Guilty
US Legal News 06/05/2008Two men pleaded guilty Tuesday to defrauding homeowners in a "foreclosure rescue" scam that netted the criminals titles to more than 80 houses, more than $20 million in fraudulently acquired home equity loans and $1.4 million in fees, federal prosecu...
-
FTC Shuts Down Pretexters
US Legal News 05/29/2008The Federal Trade Commission has obtained court orders shutting down a ring that used "pretexting" to get people's confidential telephone records and sell them to third parties. The FTC also fined the defendants $600,000, their profits from the opera...
-
Chicago Isn't Liable For Club Tragedy, Court Says
US Legal News 05/27/2008The city of Chicago is not liable for the deaths and injuries of E2 Nightclub patrons trampled in a stairwell trying to flee the club after security guards used pepper spray to quell a disturbance, an Illinois appellate court ruled. The estates of 20...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.