Quichocho: Kim should get zero RICO award and not $225,000

Attorney Ramon K. Quichocho has opposed businesswoman Jung Ja Kim’s request to triple the damages awarded her in her Racketeer Influenced and Corrupt Organization Act claim against him, his wife, law firm, and company.

In their opposition filed Friday in federal court, Quichocho and his counsel Michael Dotts said that to award Kim treble damages on each RICO theory is tantamount to triple recovery on alternative theories.

The lawyers said the U.S. District Court for the NMI should instead award Kim zero damages for the RICO claims because there is no basis in the record to justify the $25,000 award for each of the alternative RICO claims. Kim is asking the court to triple this amount to $225,000.

In the alternative, Quichocho and Dotts said, only a single, unitary award can be permitted for the multiple RICO claims.

Kim recently asked the court for at least $250,000 more on top of the jury’s verdict that awarded her $2.4 million in connection with her racketeering lawsuit and other claims against Quichochos, his law firm, his wife Frances, and the couple’s Karissa LLC company.

Kim, through counsel Colin M. Thompson, asked the court to amend its final judgment to include an award of $225,000 instead of $75,000 for damages sustained under her RICO claims.

Kim also asked the court to award her attorney’s fees attributable to the prosecution of her RICO claims and for an award of all costs incurred in the prosecution of all claims and the defense of the counterclaims filed by the Quichochos.

Thompson estimated Kim’s attorney’s fees in excess of $100,000. Attorney Robert T. Torres is Thompson’s co-counsel for Kim in the trial.

Thompson said that under RICO’s mandatory treble damages provisions, Kim is entitled to a damages award on her RICO claims of $75,000 times 3 or $225,000, in addition to all attorney’s fees sustained in the prosecution of the claims.

The jury awarded Kim $25,000 each on her three RICO claims, for a total of $75,000 in damages.

In their opposition, Quichocho and Dotts said it is well established that a plaintiff cannot recover twice (let alone three times) for the same damage, yet this is precisely what Kim seeks to do.

“Double or duplicative recovery for the same items of damage amounts to overcompensation and is therefore prohibited,” Quichocho and Dotts said.

Last March 28, nine jurors reached a unanimous verdict finding the Quichochos, his law firm, and Karissa LLC liable to pay Kim a total of $2,411,719.09 in damages.

The Quichochos prevailed only on one (legal fees) of their five counter-claims against Kim.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona subsequently approved the jury’s judgment holding Quichocho, his wife Frances, his law firm, and their company Karissa LLC liable to pay $2.4 million in damages to Kim.

Manglona also approved the jury’s verdict that found Kim liable to pay Quichocho and his law firm $48,221.67 in legal fees.