RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS(RICO)

Antitrust Appellate Business Torts Class Actions Commercial Litigation Corporate Governance Employment & Civil Rights Environmental Litigation False Claims Act Intellectual Property Internal Investigations Professional Liability RICO White Collar Crime

Bondurant, Mixson & Elmore, LLP has some of the foremost experts on federal and state RICO law.

For example, John Floyd, a partner in the firm, is the author of the only book that thoroughly analyzes all of the state RICO statutes in the United States, RICO State By State: A Guide to Litigation Under the State Racketeering Statutes (American Bar Association, Section of Antitrust Law, 1998). John also co-authored with Jill Pryor, another partner in the firm, the chapter on "State RICO Actions" in 4 Georgia Jurisprudence, Business Torts and Trade Regulation (Lawyers Cooperative Publishing 1995).

The firm’s RICO practice involves extensive representation of both plaintiffs and defendants at the trial and appellate levels in federal and state RICO cases. On the defense side, our experience includes obtaining the reversal on appeal of the certification of federal and Georgia RICO class actions, Andrews v. American Tel. & Tel. Co., 95 F.3d 1014 (11th Cir. 1996); Aetna Cas. & Sur. Co. v. Cantrell, 197 Ga. App. 672, 399 S.E.2d 237 (1990) and numerous dismissals and summary judgments.

On behalf of plaintiffs and counterclaimants, we have successfully prosecuted cases under both the federal and Georgia RICO statutes. We have also participated in numerous RICO cases as appellate counsel. Williams v. Mohawk Indus., Inc., 465 F.3d 1277 (11th Cir. 2006); Williams v. Mohawk Indus., 411 F.3d 1252 (11th Cir. 2005), gvr'd, 126 S.Ct. 830 (2006); Cesnik v. Edgewood Baptist Church d/b/a New Beginnings Adoption and Counseling Agency, 88 F.3d 902 (11th Cir. 1996); Williams General Corp. v. Stone, 280 Ga. 631, 632 S.E.2d 376 (2006); Dorsey v. State, 279 Ga. 534, 615 S.E.2d 512 (2005)(John E. Floyd as Special Assistant District Attorney); Williams General Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005); Pimper v. State ex rel. Simpson, 274 Ga. 624, 555 S.E.2d 459 (2001)(John E. Floyd as Special Assistant District Attorney); Perimeter Realty v. GAPI, 243 Ga. App. 584, 553 S.E.2d 136 (2000), and in other cases as consultants.

We have a depth and variety of experience in this area rarely found in other firms. For example, Mickey Mixson, John Floyd and Jill Pryor have each lectured extensively on RICO, covering topics such as openings and closings in RICO cases, special remedies, actions under state RICO statutes, RICO class actions and the recognition of potential RICO claims. John Floyd has also served as a faculty member for the National College of District Attorneys' white collar crime course for several years.

Our experience extends beyond civil litigation. Recently, John Floyd served pro bono as a Special Assistant District Attorney in the successful prosecution of Sidney Dorsey, the former sheriff of Dekalb County, Georgia. Dorsey was convicted of the murder of his elected successor, violations of the Georgia RICO statute and related offenses. John received awards from the National District Attorneys Association and the District Attorneys' Association of Georgia for his role in this successful prosecution and successfully argued for affirmance of the conviction in the Supreme Court of Georgia.

John also served as a Special Assistant Attorney General in the successful prosecution of two former faculty members of the Medical College of Georgia, both of whom ultimately pled guilty to the theft of millions of dollars from the State. As a result of fines, forfeitures, restitution and other recovery efforts, the State ultimately obtained in excess of $10 million. In addition, John served as the Chair of the Civil RICO Committee of the American Bar Association's Antitrust Section from 1997-2001. He currently serves as a member of the Editorial Board of the Civil RICO Report.