De Falco v. Bernas
United States Court of Appeals for the Second Circuit
244 F.3d 286 (2d Cir. 2001)
De Falco (plaintiff) sought development approval from town officials Dirie and Bernas (defendants), who used their influence to extort concessions from him — including a third of his business interest and part of his gravel pit — while withholding approval of his development; when De Falco refused to hand over his entire gravel pit, his property tax assessment was doubled, and his lot remained unapproved. A jury found RICO violations by both defendants, but the district court vacated the award against Bernas while upholding it against Dirie, and both sides appealed.
Whether an individual may maintain a private right of action for violation of the RICO statute if the RICO violation was not both the factual and proximate cause of his injury.