Baker McKenzie’s recent victory in the United States Supreme Court in Yegiazarian v. Smagin, 143 S. Ct., 1900 (22 June 2023), opens the door for non-US plaintiffs to pursue RICO claims when seeking to enforce a judgment or assert claims against U.S . parties or assets. Although the plaintiff in this case was the holder of a foreign arbitration award, the Court’s holding suggests that any foreign plaintiff asserting a claim against or seeking to recover U.S. property will have legal standing to pursue civil claims under federal RICO statutes, and potentially recover treble damages and attorneys’ fees.
Mark D. BloomBrowsing
Mark Bloom is a Partner with the Restructuring and Insolvency Practice based in the Firm's Miami office. He has over 35 years of experience representing clients in a wide array of US and cross-border financial restructuring, reorganization and bankruptcy matters. In recent years he has focused the majority of his practice on complex cross-border insolvency cases and situations involving the application of Chapter 15 of the US Bankruptcy Code, the UNCITRAL Model Law on Cross-Border Insolvency, and the insolvency regimes of various jurisdictions.