3 Different Approaches To RICO Extraterritoriality

In the wake of the U.S. Supreme Court’s 2010 decision in Morrison, lower federal courts — both within and between jurisdictions — have adopted distinct approaches to operation of the presumption against extraterritoriality in the context of Racketeer Influenced and Corrupt Organizations statute claims involving conduct outside of the U.S. with some element of domesticity, say David Wallace and Jonathan Cross of Herbert Smith Freehills LLP.