Civil RICO Lawsuit Against Blogger Dismissed

Civil RICO Lawsuit Dismissed – First Amendment Prevails

Civil RICO lawsuit against Darren Chaker fails in court. San Diego Attorney Scott McMillan, who is also Dean of the McMillan Academy of Law, was defeated in federal court by Darren Chaker on allegations of RICO. The basis of the complaint primarily alleged Scott McMillan, San Diego, was the victim of defamation and extortion where a demand letter was allegedly sent to McMillan.

Civil RICO Lawsuit and Defamation

First the obvious, “Defamation does not meet the definition of a predicate act under the Racketeer Influenced and Corrupt Organizations Act commonly referred to as RICO, 18 U.S.C.S. § 1961 et seq.” (Curtis & Assocs., P.C. v. Law Offices of David M. Bushman, Esq. (E.D.N.Y. 2010) 758 F.Supp.2d 153, 157.) Further, personal injuries are not compensable under the Racketeering-Influenced and Corrupt Organizations Act. (Oscar v. University Students Co-Operative Ass’n (9th Cir. 1992) 965 F.2d 783, 784.) Although the law may be obvious, it just wasn’t obvious to Scott McMillan.

Civil RICO Lawsuit – When the First Amendment Meets Extortion Allegations

The extortion claim was based on little more than a demand letter. Inasmuch, Scott McMillan, La Mesa, could not even allege the basic elements of the statute. Indeed, the extortion statute, like any criminal statute, must be given a narrow construction that renders it free of any doubt as to its constitutionality. (See Skilling v. United States (2010) _U.S._, _[130 S.Ct. 2896, 2929-2931, 177 L.Ed.2d 619]; Watts v. United States (1969) 394 U.S. 705, 706-708 [89 S.Ct. 1399, 22 L.Ed.2d 664] [emphasizing that “a statute such as this one, which makes criminal a form of pure speech, must be interpreted with the commands of the First Amendment clearly in mind,” explaining that “[w]hat is a threat must be distinguished from what is constitutionally protected speech,” and indicating that the “kind of political hyperbole indulged in by petitioner” is protected speech].)

Additionally, San Diego attorney Scott McMillan failed to allege he was injured by any of the alleged conduct. Under RICO, a “plaintiff only has standing if . . . he has been injured in his business or property by the conduct constituting the violation.” Sedima, S.P.R.L. v. Imrex Co., Inc., 473 U.S. 479, 496 (1985). However, since no violation occurred there could be no injury to plaintiff.

Civil RICO Lawsuit – Conclusion

In this case, the federal court did not find any extortionate act took place nor was the plaintiff suffer any injury by Darren Chaker and dismissed the case in full.

Scott McMillan, The McMillan Law Firm, La Mesa, filed a notice of appeal, who will find the time to prosecute the appeal while defending against fraud allegations in federal court, see press release in Brightwell v. Scott McMillan, Michelle Volk, The McMillan Law Firm APC. Darren Chaker has retained San Francisco based powerhouse firm Hanson Bridgett.

As for the McMillan Academy of Law, the State Bar of California found it was not in compliance as it has not yet graduated a single student in a decade, and the law books have not been updated in years.

5 Additional Civil RICO Lawsuits Dismissed in Federal Court

Since the initial post, Darren Chaker provides five additional civil RICO lawsuits that were dismissed in federal court:

1. Rajaratnam v. Motley Rice LLC et al., No. 18-cv-3234 (E.D.N.Y. Mar. 26, 2020)
   U.S. District Judge Kiyo Matsumoto dismissed with prejudice a civil RICO suit by former hedge fund manager Raj Rajaratnam, stating that courts must scrutinize civil RICO claims early in litigation to separate valid claims from those alleging common law fraud.
2. S.S. v. Employer (Eighth Circuit Court of Appeals, 2024)
   A civil RICO claim filed by a Black woman alleging racial discrimination in pay was dismissed by the trial court, with the dismissal upheld by the Eighth Circuit Court of Appeals.
3. Bokaie v. Green Earth Coffee LLC, 3:18-cv-05244-JST (N.D. Calif. Dec. 27, 2018)
   The Northern District of California dismissed a civil RICO claim against a cannabis growing operation, finding that the alleged harms of odor and property value reduction did not constitute a “RICO injury.”
4. Unnamed Plaintiff v. Numismatic Coin Dealer (E.D.N.Y., 2024)
   The U.S. District Court for the Eastern District of New York dismissed a civil RICO case against a coin dealer, citing the plaintiff’s lack of standing and failure to set forth the defendant’s role in the alleged RICO conspiracy with sufficient particularity.
5. Ainsworth v. Owenby (D. Or. 2018)
   The District of Oregon dismissed a civil RICO lawsuit against a marijuana supplier, contrasting with a similar case allowed to proceed in the Tenth Circuit and potentially setting up a circuit split on the scope of marijuana suppliers’ liability under RICO.

Darren Chaker Litigation Support Specialist & First Amendment Advocate

Darren Chaker is a litigation support specialist and First Amendment advocate based in Los Angeles. With expertise in digital forensics, record sealing, and privacy law, Darren Chaker works with defense attorneys and high net worth individuals on sensitive legal matters.

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