Biofeedtrac, Inc. v. Kolinor Optical Enterprises & Consultants, S.R.L.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that corporate counsel customarily fill roles such as director and corporate secretary
• noting that attorney-defendant’s “role was confined, at all times, to providing legal advice and legal services” and “[a]t no time does he appear to participate in or even offer an opinion regarding a business point”
• finding no RICO liability where attorney-defendant provided advice and legal services to advance a fraudulent scheme but was not involved in creating the scheme
• attaching no weight to fact that attorney had served as board member and corporate secretary of defendant corporation because “corporate counsel customarily fill such roles without becoming a part of the operation or management of the enterprise”
• “even when professionals go beyond their customary role, they will not be deemed to have participated in the ‘operation or management’ of the enterprise itself’
• attorney who suborned perjury and engaged in mail and wire fraud not sufficiently involved in operation or management to sustain RICO liability

Source: CourtListener parenthetical corpus (CC0).