Barry Pollack Comments on the Possibility of RICO Prosecution of Murdoch's News Corp. in Thomson Reuters  

"Analysis: Does the Murdoch Scandal Add Up to a RICO Prosecution?"
Thomson Reuters
07.13.11Barry Pollack discusses the possibility of using the Racketeer Influenced and Corrupt Organizations Act (RICO), which allows prosecutors to string together a slew of alleged crimes to form the basis of a racketeering case, to prosecute Rupert Murdoch’s News Corp. The one scenario where a RICO case potentially might make sense would be on the civil side, Pollack says. A creative set of lawyers could try to craft a civil RICO action for a competitor news organization which could claim it was injured by News of the World's activity, according to Pollack. "The theory would be that News of the World gained an unfair competitive advantage, that it gained that advantage because they had access, and it got that access because it violated the law and engaged in a pattern of racketeering," he says. "One would need to be very creative to get around the pitfalls, but if there is enough money at stake somebody might be creative and role the dice," he continues. Civil RICO cases are tempting for plaintiffs' lawyers looking to bring civil suits because any damages won at trial can be tripled under the RICO law.
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