European Community v. RJR Nabisco, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
SOTOMAYOR, Circuit Judge.
This matter returns to us following a remand by the Supreme Court. See European Cmty. v. RJR Nabisco, Inc., 355 F.3d 123 (2d Cir.2004) (“EC I”), vacated and remanded by European Cmty. v. RJR Nabisco, — U.S. -, 125 S.Ct. 1968, 161 L.Ed.2d 845 (2005). Our previous decision held that civil suits brought by foreign sovereigns under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (“RICO”), to recover law enforcement costs and tax revenue lost to smuggling are barred by the revenue rule, under which United States courts generally may not…
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