Strategies and Consequences to Applying RICO Statues to SJP by Gregg Roman
The Middle East Forum Observer
May 2, 2024 https://www.meforum.org/65858/strategies-and-consequences-to-applying-rico This is the fourth in a series of four articles discussing how prosecutors could use the Racketeer Influenced and Corrupt Organizations (RICO) Act, the Anti-Klan Act, and other civil rights laws to pursue class action lawsuits against Students for Justice in Palestine (SJP) for coordinated efforts to harass and intimidate Jewish and Israeli students of all faiths on college campuses. Students for Justice in Palestine (SJP) stands at the epicenter of university campus protests that have morphed into antisemitic hate and violence. Identifying potential defendants, be they grassroots organizers or high-profile donors, will play a critical role to meet RICO thresholds by demonstrating a pattern of racketeering activity. RICO is a powerful tool, used in the past to bankrupt the United Klans of America and several regional Klan chapters as well as the Aryan Nations, anti-abortion groups blocking access to women's health and abortion clinics, Big Tobacco, and Enron. The actions of SJP do indeed meet the threshold for legal action. Identifying Defendants To be effective, identification must go beyond simply naming and shaming, but instead link SJP leaders, supporters, donors, and affiliated entities to a "pattern of racketeering activity." Donors may be at legal peril and subject to civil RICO charges if found to be part of the "enterprise" by knowingly contributing to the furtherance of illegal activities and antisemitism. Groups such as Education for Just Peace in the Middle East that both the Open Society Foundation and the Rockefeller Brothers Fund support could be culpable if plaintiffs could link these parties to foreknowledge of and assistance to coordinated efforts to harass and intimidate Jewish students. Donors may be at legal peril and subject to civil RICO charges if found to be part of the "enterprise" by knowingly contributing to the furtherance of illegal activities and antisemitism. Successful RICO lawsuits bring penalties triple the damages incurred by the plaintiffs and may also make defendants responsible for plaintiffs' legal fees. Assets linked to the racketeering activity may also be subject to forfeiture. Such financial implications extend beyond simple restitution; they act as a strong deterrent against future violations. Involvement in a RICO case would necessitate a reevaluation of how organizations like the Open Society Foundation and the Rockefeller Brothers Fund oversee and monitor funding. Government oversight might also increase, for example, by forcing donors to demonstrate to regulatory bodies, including the Internal Revenue Service, that funded activities align with charitable purposes as defined in the tax code. Reputational damage to those foundations found to sponsor antisemitism would be immense. Injunctive Relief and Discovery Judicial action might come in two stages. The first would demand a temporary restraining order, seeking interim injunctive relief to stop immediate harm. Plaintiffs would then proceed to a full lawsuit that would include discovery and a jury trial. There could be several forms of interim and permanent injunctive relief, including but not limited to: Cease and Desist Orders: Immediate cessation of all SJP activities found to be antisemitic. Corrective Actions: Mandating that SJP revise operational policies to ensure they align with civil rights laws. Dissolution: In extreme cases, courts might dissolve SJP chapters considered irredeemably corrupted. Appointment of a Monitor: A court-appointed monitor might oversee restructuring and mechanisms to ensure compliance with non-discriminatory practices moving forward. Discovery would be potent, with SJP, its organizers, and funders forced to provide access, under threat of sanctions and criminal penalty, to internal communications, financial records, and organizational documents that reveal supporters who never expected their relationship with SJP to become public. A civil RICO case against SJP might also lead to criminal referral to the Department of Justice, including for possible hate crimes. While Jewish and Israeli students might have been the canary in the coal mine, a successful RICO suit against SJP might help revitalize American universities more broadly. A successful RICO lawsuit against SJP would have far-reaching implications for universities and donors. Universities might end tolerance for student organizations that discriminate or harass others. Universities may also begin to question whether the reputational risk of receiving donations from those associated with SJP is in their institutional interest. Just as the controversy surrounding overt Chinese government support for Confucius Institutes led to greater due diligence about the origin of certain revenue streams, so too could civil RICO action against SJP cause universities to question whether grants from large social justice-oriented foundations are worth the price. While Jewish and Israeli students might have been the canary in the coal mine, a successful RICO suit against SJP might help revitalize American universities more broadly. By setting a legal precedent and reshaping the landscape of campus activism, college campuses could again become environments where all students, regardless of their background or beliefs, can express themselves freely. Intellectual debate could once again triumph over coercion and political litmus tests. Interested individuals should contact the Middle East Forum at at [email protected] or by phone at 215-546-5406 ext. 104 to explore how they might contribute to this legal endeavor. Gregg Roman is director of the Middle East Forum. Related Topics: Academia, Antisemitism, Government, Legal | Gregg Roman This text may be reposted or forwarded so long as it is presented as an integral whole with complete and accurate information provided about its author, date, place of publication, and original URL. | 