The fallout continues for Harvey Weinstein as he faces fresh litigation with regards to the allegations of sexual harassment and assault made against him.
Six women filed this week a proposed class-action lawsuit against the discredited Hollywood mogul and all of his associated companies , alleging that they had worked in a coordinated fashion to cover up a pattern of sexual misconduct which amounts to racketeering.
The case has been filed against Weinstein, The Weinstein Company, all its board members, as well as Miramax, and alleges that they violated the Racketeer Influenced and Corrupt Organizations (RICO) act of 1970 which was created to prosecute criminal enterprises like the Mafia.
However according to legal experts, a class-action racketeering suit against Weinstein and his companies may be a long shot as it is a lengthy and complex process.
Weinstein is accused of a range of sexual misconduct from groping, harassing, fondling, to battery and sexual assault.
Proving RICO Claims Tough
Jeffrey Grell, a University of Minnesota law professor who is also an expert RICO noted that the RICO claim was mostly to bring publicity to a lawsuit and added that the plaintiffs might have a better chance with personal injury claims.
He highlighted that racketeering claims make a case more complicated than torts.
Morgan Cloud, an Emory University law professor another expert on RICO however pointed out that successful cases under it are able to claim much higher damages.
He stated that litigants suing under the RICO statute for civil damages are entitled to recover “three times their actual damages” plus costs of litigation.
A Conspiracy To Lure Women
The women filing the case allege that Weinstein and other “complicit “ individuals and companies had conspired to entice women to situations under the pretext of career advancement which allowed Weinstein to sexually harass them . The victims were then silenced by blacklisting them or with threats of it.
Grell has noted that despite the seriousness of the allegations, their attorneys might have a lot of trouble proving a racketeering claim. A civil RICO claim for example needs a plaintiff to prove that racketeering caused damage to business or property.
In their lawsuit, the women are alleging that Weinstein and his associates used witness tampering, obstruction of justice along with mail and wire fraud to restrict women from getting additional work in their field.
Grell believes that providing such clams is highly difficult.
He noted that the plaintiffs will have to prove that Weinstein’s actions were the primary reason for not getting an acting part, but the reasons for hiring a person for a job can be many.
Some earlier attempts to use racketeering in civil cases have been unsuccessful includes cases filed against clergy members who had been accused of hiding sexual abuse scandals.
But Steve Berman, an attorney and managing partner of the Hagens Berman firm which is representing the women, has called the suit “a classic case for RICO.” According to Berman there was an active covering up of Weinstein’s unlawful conduct by an “enterprise of many”, and RICO bars “unlawful enterprises”.
Pattern of Wrongdoing Established
The federal racketeering statute is a broad one which has enabled successful lawsuits of many organizations.
According to Cloud, several aspects of the case against Weinstein seem to fall clearly under RICO’s requirements.
An example is that a pattern of racketeering activity needs to be proven in a RICO case. The Weinstein lawsuit as well as the earlier public allegations against him seem to establish a clear pattern.
Also plaintiffs need to demonstrate the presence of an “enterprise “in these activities which is fulfilled by the actions taken by the Weinstein Company.
