This article examines the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO). Federal courts commonly analyzed RICO’s extraterritoriality prior to 2010 by borrowing from securities jurisprudence. That borrowing entailed application of the “conduct” and “effects” tests used to determine whether federal securities laws applied extraterritorially. In 2010 the United States Supreme Court decided Morrison v. National Australia Bank, which rejected use of the conduct and effects tests and thus overruled four decades of extraterritoriality analysis by federal appellate courts in securities cases. This article examines the conflicting paths courts have taken post-Morrison when confronted with extraterritoriality issues in RICO cases. The article proposes a new framework for resolving such issues.
Available at: http://works.bepress.com/gideon_mark/4/