SAIC / Teksystems / NIH - Class Action Lawsuit in DC

Get new comments by email
You can cancel email alerts at anytime.
Comments (3)

Eric McNeil in Arlington, Virginia

77 months ago

Okay... everyone keeps complaining about the games recruiters play, but what are you willing to do about it? Why not simply band together and fight back? I'm a African-American and got burned two weeks ago. Teksystems said some guy named Rick at SAIC said NIH wouldn't bring me in as the Data Architect because I didn't have a Ph.D. If we all ban together, maybe all the unfair practices will stop. Otherwise, we'll starve to death and become homeless. mcneil_eric@hotmail.com

- Was this comment helpful? Yes (5) / No (1) Reply - Report abuse

Eric McNeil in Arlington, Virginia

77 months ago

What constitutes a RICO violation?
RICO's substantive liability provisions are found in section 1962, which has four subsections labeled (a), (b), (c) and (d).

In plain English, section 1962(a) generally makes it unlawful for a person to use an enterprise to launder money generated by a pattern of racketeering activity. Lightening Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1188 (3d Cir. 1993).

Section 1962(b) makes it unlawful for a person to acquire or maintain an interest in an enterprise through a pattern of racketeering activity. Section 1962(b) is perhaps the most difficult RICO claim to express in practical terms. A stereotypical violation of section 1962(b) occurs when a victim business owner cannot make payments to a loan shark; upon default, the loan shark says: "you're either going to die or you're going to give me your business." Given the threat to this life, the victim transfers control of his business to the loan shark. Usually, the victim business owner remains the owner on paper but the loan shark controls the business and receives all income from the business. Thus, the loan shark has acquired and maintained interest or control over an enterprise (i.e. the business) through a pattern of racketeering (i.e., loan sharking and extortion).

Section 1962(d) makes it unlawful for a person to conspire to violate subsections (a), (b) or (c) of the RICO Act.

By far the most useful and common civil RICO claim is found under section 1962(c), which makes it unlawful for a person to manipulate an enterprise for purposes of engaging in, concealing, or benefiting from a pattern of racketeering activity. Given its broad utility, the general elements of a RICO claim will be discussed in the context of a section 1962(c) claim. Distinctions will then be made between section 1962(c) claims and claims under 1962(a), (b) and (d).

Section 1962(c) Claims

Section 1962(c) prohibits any defendant person from operating or managing an enterprise through a

- Was this comment helpful? Yes (2) / No Reply - Report abuse

Eric McNeil in Arlington, Virginia

77 months ago

Class action claims Sprint Nextel violated RICO law
Lawsuit centered on carrier’s picture mail service

By Jeffrey Silva

Story posted: March 17, 2008 - 2:13 pm EDT

A class action lawsuit filed against Sprint Nextel Corp. claims the struggling No. 3 mobile-phone operator violated federal anti-racketeering laws by failing to adequately inform consumers about data fees accompanying picture mail service subscriptions.

“The purpose and intent of these deceptive, false, fraudulent and misleading advertisements was to entice and/or lure Sprint Nextel customers into purchasing the ‘Sprint Picture Mail’ plan for a $5/month service charge without disclosing the true charges associated with this add-on service, which were exorbitant and in many cases caused the purchaser’s bill to double,” the suit stated.

The class action was filed in the U.S. District Court for the Northern District of Alabama in Birmingham.

Sprint Nextel declined to comment on the suit.

- Was this comment helpful? Yes / No Reply - Report abuse

» Sign in or create an account to comment on this topic.