The Republic of Iraq v. ABB AG, No. 13-618 (2d Cir. 2014)Annotate this Case
The Republic appealed the district court's dismissal of its claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq., the Foreign Practices Act (FCPA), 15 U.S.C. 78dd-1 et seq., and common law. The Republic filed suit against defendants, alleging that they conspired with Iraq's former president, Saddam Hussein and others, to corrupt and plunder an United Nations humanitarian program called Oil-for-Food. The district court dismissed the complaint under Rule 12(b)(6) and declined to exercise jurisdiction over plaintiff's remaining claims. The court affirmed the judgment, concluding that the RICO claims were properly dismissed on the basis of in pari delicto; the Republic does not have a right of action under the FDCPA; and the common-law claims arose under state law, and the district court properly declined to exercise supplemental jurisdiction over them.