Supreme Court Allows RICO Tax Lien Lawsuit
National News
A pair of Chicago-area companies have the right to sue their competitors under federal racketeering law for allegedly gaining more than their fair share of tax liens, the U.S. Supreme Court ruled.
BCS Services Inc. and Phoenix Bond & Indemnity Co. sued their competitors under the Racketeer Influenced and Corrupt Organizations Act, claiming they committed mail fraud when they sent notices to delinquent taxpayers.
At issue were the competitors' statements that they were independent organizations bidding for the tax liens, when there were instances of relatives bidding for the same properties, the plaintiffs claimed.
The district court had ruled that BCS and Phoenix did not have standing because the taxpayers did not receive the notices in the mail. Justice Thomas, writing for the unanimous court, upheld the 7th Circuit's reversal of that decision, which ruled that BCS and Phoenix had standing because they were injured by the defendants' actions.
The competitors had argued that BCS and Phoenix did not rely on the competitors' statements of independence because they were made to the county, not to BCS and Phoenix.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.