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Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006): standing to bring RICO claims: unable to pursue employment while unjustly incarcerated and defending against unjust charges

from: Paul Andrew Mitchell, B.A., M.S. <supremelawfirm@gmail.com>
reply-to: supremelaw@googlegroups.com
to: SupremeLaw <supremelaw@googlegroups.com>
date: Sun, Mar 8, 2015 at 11:30 PM
subject: Guerrero v. Gates, 442 F.3d 697 (9th Cir. 2006): standing to bring RICO claims: unable to pursue employment while unjustly incarcerated and defending against unjust charges
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https://casetext.com/case/guerrero-v-gates-4

C. Guerrero Has Standing to Bring RICO Claims

Guerrero asserts claims under RICO, alleging injury due to lost employment prospects during his alleged wrongful incarceration. RICO forbids enterprises from engaging in "racketeering activity," including "any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance."41 An individual may bring a civil claim under RICO if he has been "injured in his business or property by reason of a violation" of the statute.42 To recover under RICO, the individual "must show proof of concrete financial loss"43 and must demonstrate that the racketeering activity proximately caused the loss.44

41.

 

18 U.S.C. §§ 1961(1), 1962.

42.

 

18 U.S.C. § 1964(c).

43.

 

Chaset v. Fleer/Skybox Int'l, 300 F.3d 1083, 1087 (9th Cir. 2002).

44.

 

Id.

Recently, in Diaz v. Gates, 45 we held that a plaintiff who claimed that he was "rendered unable to pursue gainful employment while defending himself against unjust charges and while unjustly incarcerated,"46 adequately alleged an injury to business or property under RICO.47 Guerrero's complaint mirrors that of the complaint in Diaz. Guerrero alleged that he was "unable to pursue gainful employment while defending [himself] against unjust charges and/or while unjustly incarcerated" and that he "suffered a material diminishment of [his] employment prospects by virtue of the unjust and unconstitutional conviction." Under Diaz, Guerrero's alleged harm amounts to intentional interference with contract and interference with prospective business relations, which are torts under California law that constitute injury to business or property under RICO.48 Therefore, Guerrero adequately pleaded the injury to business or property required to establish standing *708708 under RICO. Thus, we reverse and remand the district court's dismissal of Guerrero's RICO claims for lack of standing.
45.

 

Diaz v. Gates, 420 F.3d 897 (9th Cir.), cert. denied, ___ U.S. ___, 126 S.Ct. 1069, 163 L.Ed.2d 928 (2006), reh'g denied, ___ U.S. ___,126 S.Ct. 1459, 164 L.Ed.2d 153 (2006).

46.

 

Id. at 898 (internal quotation marks and citation omitted).

47.

 

Id. at 900.

48.

 

See id.

 

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
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March 10, 2015 in Current Affairs | Permalink