Bada Bing! Executives Subject to RICO Suit for Hiring Undocumented Workers
A federal judge in Ohio ruled that an employer’s top executives are subject to a RICO lawsuit for hiring undocumented alien employees. Hager v. ABX Air, Inc., No.2:07-CV-317 (S.D. Ohio Mar. 25, 2008). RICO, the "Racketeer Influenced and Corrupt Organizations Act," is usually associated with attempts to bring down mob bosses and the "legitimate businesses" they use to launder money. Here, an employee is using the statute to sue his bosses, alleging that the CEO and other top corporate executives hired undocumented aliens in an effort to depress wages. Even though the judge noted that the claims are "novel," he found that the plaintiff sufficiently pleaded the requisite "criminal enterprise." Bad news if the plaintiff wins: RICO allows for triple damages.
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