Restitution Discussion Group Archives
| Sender: |
Steve Hedley |
| Date: |
Fri, 21 Jan 2000 22:33:06 |
| Re: |
Big time what ?! |
At 13:04 21/01/00,
"Lionel Smith" wrote:
On 21 December 1999 the Canadian federal government
launched a lawsuit in US federal court against RJR-Macdonald, alleging
that they were involved in smuggling cigarettes into Canada and seeking
$1 billion, much of that as disgorgement of profits. The action is brought
under RICO, under which civil damage awards are tripled. Interesting. But in what sense is this "disgorgement" ? The relevant
provision of RICO seems to be simply triple damages:
"1964(c) Any person injured in his business or property by reason of
a violation of section 1962 of this chapter may sue therefor in any appropriate
United States district court and shall recover threefold the damages he
sustains and the cost of the suit, including a reasonable attorney's fee
...."
(RICO is at http://www4.law.cornell.edu/uscode/18/
ch96.html).
Is this disgorgement ? If so, is disgorgement *any* penalty
which:
Steve Hedley
===================================================
(a) obviously exceeds the loss suffered by the victim, and
(b) is meant to punish wrongs with an economic motivation ?
FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE
telephone and answering machine : (01223) 334931
messages : (01223) 334900
fax : (01223) 334967
Christ's College Cambridge CB2 3BU
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