24 juin 2009
Campaign of deceptive marketing
A district court that finds a defendant civilly liable for
violating RICO has jurisdiction “to prevent and restrain
violations of RICO by issuing appropriate orders .” Congress limited relief under section 1964(a)
to forward-looking remedies aimed at preventing and restraining
future RICO violations.
Earlier in this litigation, we held that the statute
does not authorize disgorgement because it is “both aimed at and
measured by past conduct”: “[i]t is measured by the amount of
prior unlawful gains and is awarded without respect to whether
the defendant will act unlawfully in the future.”
Defendants argue that corrective statements are similarly
“focused on remedying the effects of past conduct,” id., because
they seek to correct Defendants’ campaign of deceptive
marketing.
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