IN RACKETEERING LAWSUIT VS QUICHOCHOS

Kim seeks $250K more on top of $2.4M award

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Businesswoman Jung Ja Kim is asking 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 attorney Ramon K. Quichocho, his law firm, his wife Frances, and the couple’s Karissa LLC company.

Kim, through counsel Colin M. Thompson, asked the U.S. District Court for the NMI to amend its final judgment to include an award of $225,000 instead of $75,000 for damages sustained under her Racketeer Influenced and Corrupt Organization Act claim.

Kim also asked the court to award her attorney’s fees for 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 estimates Kim’s attorney’s fees to be more than $100,000. Attorney Robert T. Torres is Thompson’s co-counsel for Kim in the trial.

Thompson said the court may wish to set a schedule for determining the award of attorney’s fees.

Last March 28, nine jurors reached a unanimous verdict awarding Kim a total of $2.4 million for prevailing on her eight claims.

The Quichochos prevailed only on one (legal fees) of their five counter-claims against Kim. The trial began on Feb. 3.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona later approved the jury’s judgment.

In Kim’s motion to amend the judgment, Thompson said a RICO provision provides that “any person injured in his business or property by reason of a violation of section 1962…may sue in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fees…”

Under the statute, Thompson said, an award of treble damages, costs, and reasonable attorney’s fees is mandatory.

Thompson said because it was inappropriate to inform the jury that any eventual award under RICO would be tripled or that attorney’s fees would be awarded to Kim as the prevailing party, there was no reference on the verdict form to treble damages or an award of attorney’s fees.

Nevertheless, the lawyer said, under RICO’s mandatory treble damages provisions, Kim is entitled to a damages award on her RICO claims of $75,000 times three or $225,000, in addition to the 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 addition, and pursuant to the RICO statute, Thompson said that Kim is entitled to recover all costs incurred in the prosecution of her claims, including fees paid to expert witnesses.

Ferdie De La Torre | Reporter
Ferdie Ponce de la Torre is a senior reporter of Saipan Tribune. He has a bachelor’s degree in journalism and has covered all news beats in the CNMI. He is a recipient of the CNMI Supreme Court Justice Award. Contact him at ferdie_delatorre@Saipantribune.com

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