18.02.2025 23 880 Стив Фергюсон против Республики Тринидад и Тобаго и др.

Steve Ferguson v. The Republic of Trinidad and Tobago, et al. | Case No. 3D23-880 | Florida Third District Court of Appeal Argued February 18, 2025 Oral argument in an appeal from a jury verdict for the Republic of Trinidad and Tobago on civil RICO and related claims arising from alleged bid-rigging and inflated contracts for an airport construction project in Trinidad. Part of the project was financed through a letter of credit and loan at a bank in Miami, and some of the alleged participants and meetings were in Florida. The contracts were with the country's Airport Authority, a separate entity. Counsel for Mr. Ferguson argued that the Republic lacked standing because the injured party was the Airport Authority, which a prior Third DCA decision found was not a mere instrumentality; that any injury occurred in Trinidad, not Florida, so RICO's domestic-injury requirement was unmet; that the trial court effectively directed a finding that the RICO enterprise existed based on rulings against co-defendants; that the in pari delicto defense was misapplied; and that an indictment and co-defendants' plea materials were improperly admitted. Counsel for the Republic argued that the Republic funded and guaranteed the project so the money was its own, that real party in interest was never raised below, that funds in the Miami account and extensive racketeering activity in Florida satisfy Yegiazaryan, that Florida's RICO statute has no domestic-injury requirement, and that the jury still had to find Mr. Ferguson's participation. The panel asked whether racketeering activity in Florida alone establishes a domestic injury. KEY ISSUES • Standing of a foreign government to sue for losses of its separate airport authority • The domestic-injury requirement for private civil RICO claims after Yegiazaryan • Whether Florida's RICO statute requires a domestic injury • Instructing the jury that an enterprise was established based on rulings against co-defendants • In pari delicto and the adverse interest exception for a government entity • Admission of an indictment and co-defendants' plea materials LEGAL AUTHORITY • Yegiazaryan v. Smagin (U.S.) (as quoted by counsel at argument) • Humphrey (3d Cir.) (as quoted by counsel at argument) • O'Halloran (as quoted by counsel at argument) RULES & STATUTES DISCUSSED • Florida civil RICO statute (as discussed) 🔗 Florida Rules & Legal Resources: https://www.floridarules.net #FloridaLaw #RICO #InternationalLitigation #Standing #PublicCorruption #JuryInstructions #Evidence #ThirdDCA #OralArgument #FloridaAppeal