Hawthorne Asks Federal Court to Boot RICO Claims

Hawthorne Race Course and related defendants moved a court to dismiss a veterinarian's damages claims based on federal racketeering allegations. Christine Tuma sued Hawthorne and others in September alleging she was wrongfully laid off. Hawthorne's motion, if granted, would put an end to most of the theories asserted by Tuma, subject to an appeal. Most of Tuma's claims are based on a federal anti-racketeering statute popularly known as RICO. Citing case law limiting standing to those directly injured by a RICO violation, Hawthorne's motion says, "The (Tuma) complaint does not plead facts demonstrating that Plaintiff suffered any direct injury as a result of the alleged violation of RICO." The motion, filed Nov. 18, also argues the complaint "does not adequately allege a pattern of racketeering activity comprised of predicate acts that are either indictable under federal law or chargeable under state law" and that Tuma "has failed to allege...that she raised with any law enforcement officer the commission or possible commission of a Federal offense.” Dismissal of the RICO claims would, according to Hawthorne's motion, terminate jurisdiction over the case in U.S. District Court for the Northern District of Illinois. Tuma's remaining claims, which are based on a state whistleblower act and the tort of retaliatory discharge, would be litigated in state court. Tuma's lawsuit claims her recommendations to scratch horses she deemed unsound from racing at Hawthorne were ignored in order to fill race cards, and she claimed officials bet on races based knowing about her recommendations.