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Sender:
Lionel Smith
Date:
Mon, 24 Jan 2000 09:58:53
Re:
Big time what ?!

 

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
- To recover damages suffered by the Canadian government
- To restrain the Defendants and their co-conspirators from engaging in fraud and other unlawful conduct
- To compel Defendants to surrender the proceeds of their wrongdoing
- To defend the Government of Canada's policy of protecting young Canadians from the deadly tobacco addiction."

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.

 

L


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