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March 1, 2010

Another notable CVRA ruling from the Sixth Circuit

As noted in this post last week, the Sixth Circuit disposed of an interesting mandamus petition from crime victims in US v. Arctic Glacier International, No. 10-3160 (6th Cir. Feb. 23, 2010).  Another Crime Victims' Rights Act ruling comes from the Sixth Circuit today in the same basic matter involving a criminal antitrust conspiracy in In re McNulty, No. 10-3201 (6th Cir. Mar.. 1, 2010) (available here), and here is a notable snippet:

[W]e agree with the district court’s holding that McNulty is not a victim for the purposes of the CVRA. The alleged harm to McNulty stemmed from his firing for refusing to participate in the conspiracy and his “blackballing” from employment with packaged-ice companies until he stopped working with the government in exposing the conspiracy. If proven, these would indeed be harms to McNulty, but they are not criminal in nature, nor is there any evidence that they are normally associated with the crime of antitrust conspiracy.

To fire an employee and prevent a former employee from being hired by another company may be illegal under the civil law, but they are not inherently criminal actions, nor are they actions inherent in the crime of conspiracy to violate antitrust laws to which Arctic Glacier pled.  Civil, not criminal, remedies are available to redress these actions.

March 1, 2010 at 01:33 PM | Permalink

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Comments

listen to conspiracy radio with Paul A. Drockton M.A.!

Posted by: Henry | Mar 1, 2010 6:17:35 PM

can we all say!

"Judge your an idiot!"

Posted by: rodsmith3510 | Mar 1, 2010 10:14:30 PM

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