Municipal Corporations Unable to Form Criminal Intent Essential to RICO Liability

From Pilitz v. Village of Rockville Centre, 2008 U.S. Dist. LEXIS 72231 (E.D.N.Y. Sept. 22, 2008):

Courts in this circuit have considered whether a municipality is capable of forming the requisite intent to support a RICO violation. Each court that has faced this question has held that because a municipality cannot form the intent necessary to establish a RICO predicate act, any such claim must be dismissed. See, e.g., Guoba v. Sportsman Properties, Inc., 2006 U.S. Dist. LEXIS 73307, 2006 WL 2792753 *4 (E.D.N.Y. 2006); Wood v. Village of Patchogue, 311 F. Supp.2d 344, 354 (E.D.N.Y. 2004). This court agrees that, as a corporation, a municipality is not capable of forming the required mens rea to support any underlying predicate offense. Guoba, 2006 U.S. Dist. LEXIS 73307, 2006 WL 2792753 *4. Accordingly, all RICO claims must be dismissed. See Guoba, 2006 U.S. Dist. LEXIS 73307, 2006 WL 2792753 10 *4; Wood, 311 F. Supp.2d at 354; Brewer v. Village of Old Field, 311 F. Supp.2d 390, 398 (E.D.N.Y. 2004); accord Nu-Life Constr. Corp. v. Bd. of Educ. of City of New York, 779 F. Supp.248, 251 (E.D.N.Y. 1991); Frooks v. Town of Cortlandt, 997 F. Supp. 438, 457 (S.D.N.Y. 1998).

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