Rizzo Prevails in R.I.C.O. Lawsuit

Attorney Joseph Rizzo was successful in obtaining the dismissal of a lawsuit brought under the Racketeer Influenced & Corrupt Organizations Act ("RICO") against G&I client, Robert Guesno, and others.  The lawsuit, entitled Moore v. Guesno, 05-CV-6178L, was dismissed on motion before Judge David G. Larimer, United States District Court, Western District of New York. The Plaintiffs, David and Janette Moore, alleged that the Village of Perry, the County of Wyoming and various other individuals formed a RICO enterprise by engaging in a pattern of racketeering activity including witness intimidation and extortion ultimately leading to the arrest and conviction of David Moore on a criminal coercion charge. Judge Larimer rejected the Plaintiff's case and determined, among other things, that there was insufficient evidence of any racketeering activity. "This was the third lawsuit brought David Moore against our clients," said Rizzo, "and each one has been dismissed on the merits." Judge Larimer deemed the lawsuit as an inappropriate attempt to attack the legal basis for Mr. Moore's criminal conviction. "The Judge saw this case for what it was -- another in a series of efforts by Moore to escape the consequences of his own guilty plea," said Rizzo. The litigation will now proceed to the United States Court of Appeals for the Second Circuit where the Plaintiffs' appeal will be determined.