Defeating a Retaliatory RICO Suit for the Benton Heirs
Background
After the heirs of Thomas Hart Benton challenged UMB’s administration of the Benton Trust in Missouri probate court, UMB filed a separate federal lawsuit attempting to recast the trust dispute as a civil RICO case. The complaint asserted that actions taken by the heirs and their counsel in connection with the probate proceedings amounted to racketeering activity—primarily framed as alleged mail, wire, and bank fraud. The underlying probate petition was filed by the heirs’ probate counsel, including Langdon & Emison.
My role
I was retained by the Benton heirs and Langdon & Emison to defend the federal action and took the lead at every stage. I briefed and argued the case from start to finish—including the motion-to-dismiss proceedings, post-judgment motions, and the appeal. The defense strategy focused on ending the case on the pleadings by enforcing the governing standards and the legal limits on treating trust/probate litigation conduct and attorney-client communications as RICO predicate acts. I also challenged the complaint’s failure to allege a legally viable “pattern” of racketeering activity—an essential element of any civil RICO claim.
Result
The district court dismissed the civil RICO claims at the pleading stage. UMB then pursued post-judgment relief and sought leave to amend again, but those efforts were denied. On appeal, the Eighth Circuit affirmed—bringing the federal RICO case to an end and leaving the underlying trust dispute to proceed in the proper probate forum.