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RDG
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Interesting. But in what sense is this "disgorgement"
? The relevant provision of RICO seems to be simply triple damages: By disgorgement I only mean an award measured by defendant's
gain without regard to loss. The allegations make it clear that the plaintiff
thinks it can make this kind of claim. From the "summary of allegations"
at <http://canada.justice.gc.ca/en/
news/nr/1999/doc_24498.html>:
"Reasons for This Action Whether they are right that no. 3 is cognisable in a civil action under
RICO, I do not know. Perhaps they have found some precedent for extending
the ferocious forfeiture provisions of criminal RICO (§1963) to civil
actions. The document also says that they are relying on common law fraud
as well as civil RICO.
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