EVW Partners Prevail In An Opposing Motion To Dismiss RICO Act Claims

October 2013 – Partners Alan Van Praag and Edward Floyd successfully argued that the United States District Court for the Northern District of Illinois should deny three motions to dismiss directed against our client’s complaint which asserts claims arising under the Racketeer Influenced and Corrupt Organizations Act (RICO) as well as under state law fraudulent transfer statutes. In doing so, EVW’s attorneys also convinced the federal court to reject the defendants’ arguments that the concerned claims were subject to a res judicata defense. This decision was significant because it enables the plaintiff (an international shipping company) to advance its fraudulent transfer and RICO claims in conjunction with a global effort to recover a $70 million judgment against an international minerals and mining company.