NYLJ Eastern District Roundup

Posted: February 18, 2021 / Written by: Harvey M. Stone, Richard H. Dolan / Category NYLJ Eastern District Roundup

Profit Disgorgement, RICO Dismissal, Agriculture Act Claims

This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto, while ordering defendant to disgorge over $5 million in a civil securities fraud case, deducted from the sum sought by the SEC the amounts paid by defendant to co-conspirators. Judge Brian M. Cogan denied plaintiff’s motion for a default judgment in a RICO case and dismissed all claims where the 186-page complaint failed to allege facts showing a RICO enterprise. And Judge LaShann Moutique DeArcy Hall dealt with claims under the Perishable Agricultural Commodities Act.

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