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Why RICO Won’t Solve the Global Corporate Impunity Crisis

Why RICO Won’t Solve the Global Corporate Impunity Crisis

Human rights and labor advocates often raise the possibility of using the Racketeer Influenced and Corrupt Organizations Act (18 USC § 1962) (“RICO”) to sue companies who violate human rights overseas. At first glance, this seems like a great fit. The Act provides both civil and criminal liability for individuals and organizations, including corporations, engaging in a pattern of certain criminal acts (including murder, extortion, bribery and other crimes) that are often involved in human rights abuse cases. So why can’t foreign victims of torture, murder or crimes against humanity at the hands of U.S. companies operating abroad bring RICO suits for damages?

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