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Is the RICO Act a Serious Problem for the Cannabis Industry or Just a Bunch of Smoke?

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What is the RICO Act and why is it a problem for the marijuana industry?

The cannabis industry has always had to fight and claw for everything it has gotten from the hands of the law. From its present stance before state governments to the numerous open medical and recreational markets. It has always been a struggle and it looks to continue to be as cannabis businesses are now being targeted using the RICO statute. A tactic that was once reserved specifically for the mafia is now being employed against legitimate cannabis businesses. Read on as we explore what this means and how the cannabis industry is likely to react.

Overview

For a long time, the threat of charges from Racketeer Influenced and Corrupt Organizations (RICO) Act has been hanging over the heads of cannabis businesses. It now seems more realistic than ever as cases have come up both in Arkansas and California against legitimate cannabis businesses. For those that do not know, the US RICO Act came to be in 1970 when it was designed against high-profile mob bosses. It has since been modified to include a wide range of illegal businesses such as slavery, gambling, racketeering, gambling and other illegal activities.

This is not the first time that RICO charges have come up against cannabis businesses. They have all been unsuccessful so far yet they have left lasting damage on the integrity and quality of these businesses. Cannabis businesses have and will always be at risk provided that the status of their activities is still regarded as illegal by the federal government. This has left some in the cannabis worried about the new wave of RICO charges against cannabis businesses. Others on the other hand are more relaxed owing to the failed track record of RICO charges against cannabis businesses in the past.

RICO Lawsuits in California and Arkansas Against Cannabis Businesses

Two California-based cannabis companies were recently faced with a lawsuit regarding the inflation of THC amounts in their products. A similar lawsuit had been filed against four marijuana companies in Arkansas about three months ago and is getting headlines. The suit which is against DreamFields Brands and Med for America accuses them of inflating the THC amounts in their pre-roll products. The lawsuit claims this was specifically done with the aim of attracting more customers and driving profits.

THC is the major cannabinoid that induces euphoric feelings and elevated moods in cannabis products. CBD on the other hand is the major cannabinoid known for promoting calm and relaxation.  This makes them quality determinants in which cannabis products consumers will buy. Products with higher THC amounts are expected to have stronger effects that those with lower amounts. While this might not be entirely true scientifically, it’s the popular belief among users. Therefore, products with higher THC amounts go for higher prices which means higher profits for users.

The Jetter Pre-roll products which are being argued against in the lawsuits were recently reviewed by Weed Weekly to check the amounts of THC present in the products. The review found that the amounts of THC present in the product were considerably lower than what was indicated on the labels of the products. the average product had THC content ranging from 23 percent to 27 percent. It was however indicated on the labels of the products that the range was from 35 percent to 46 percent. Such issues have become common in the cannabis industry as different producers are bowing to pressure. Many consumers believe that the higher the THC amount, the stronger the effects. Though the cannabis effect does not work like that, it remains a big factor driving business in the cannabis industry.

Should Cannabis Businesses Be Worried?

Similar to the case in California, four cannabis firms in Arkansas were faced with similar charges filed on July 12. The plaintiffs are Don Plumlee, Pete Edwards, and Jakie Hanan who argue that the medical marijuana products they acquired were 25% lower than advertised. The lawsuit comes up against Steep Hill Arkansas, Steep Hill, Inc (a marijuana testing service), Bold Team LLC, Osage Creek Cultivation, and Natural State Medicinal. The argument being put forward to consider the case under the federal RICO Act is that large-scale marijuana production is illegal under federal law. However, it is expected that this will not hold water.

The RICO charges against the cannabis firms in Arkansas are quite different from some other types of cases that have been put up against marijuana licensees in the past. Common cases in the marijuana industry have always been brought up by abutters. These abutters tend to use the RICO statute to lay claims for damages concerning loss in property value. Both sets of cases are still known to have low conviction rates against the cannabis businesses. However, they leave considerable damage and so it is best that cannabis businesses toe the line of jurisdiction to avoid them entirely.

Are Cannabis Businesses also using the RICO Act to their advantage?

It would also seem that some cannabis businesses are turning the tables and using RICO charges to go against unlicensed marijuana retailers. Cannabis industry executives in California have filed two such lawsuits under the RICO Act in the past two months. While it is expected that these lawsuits will take years to play out, it spells good news to see the industry using a tool that had been fashioned against them in the past.

The cases are targeted against a local group of businesses and individuals who have instituted and profited off the activities of illegal cannabis dispensaries. This also includes advertising agencies like the alt-weekly newspaper San Diego Reader. The body has been accused of running ads for unlicensed marijuana shops alongside others that support illicit cannabis businesses.

Summary

The cannabis industry is garnering attention and it will continue to do so. While it is good that now of the RICO cases have been able to stick so far, cannabis businesses should be careful. Mislabeling products intentionally for increased traffic is bound to cause problems sooner rather than later.

Source: https://cannabis.net/blog/news/is-the-rico-act-a-serious-problem-for-the-cannabis-industry-or-just-a-bunch-of-smoke

Business

Alleged Crores Pharma Scam Mastermind Arrested from Surat

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After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.

Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.

Fake Business Deals and Dishonoured Cheques Used in Fraud

Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.

In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”

Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.

Multiple Identities and Repeated Fraud Pattern

Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.

Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.

Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.

Multi-State Surveillance Leads to Arrest in Surat

A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.

Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.

Growing Threat of Corporate Identity Fraud

The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.

Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.

Experts Urge Stronger Due Diligence in High-Value Transactions

Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.

Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.

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EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices

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A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.

Investigation Under Digital Markets Act Gains Momentum

The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.

Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.

Industry Groups Demand Swift Action

Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.

Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.

In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.

Google Denies Allegations

Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.

However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.

Potential Billion-Euro Penalties

If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.

Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.

Wider Implications for Big Tech

The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.

A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.

As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.

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AI & Technology

Amazon Faces Potential Criminal Trial in Italy Over €1.2 Billion Tax Evasion Allegations

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Milan: U.S. tech giant Amazon is facing the prospect of a major legal showdown in Italy, after prosecutors in Milan formally requested a court to move forward with criminal proceedings over alleged tax evasion totaling approximately ₹12,500 crore (€1.2 billion).

The case targets Amazon’s European division along with four senior executives, marking one of the most significant tax-related investigations involving a global e-commerce platform in Europe.

Trial Push Despite Multi-Million Euro Settlement

The move comes even after Amazon reached a financial settlement with Italian tax authorities in December, agreeing to pay around ₹5,500 crore (€527 million), including interest, to resolve part of the dispute.

Typically, such settlements lead to the closure of criminal investigations. However, Milan prosecutors have opted to proceed, signaling a tougher stance on alleged corporate tax violations.

A preliminary hearing is expected in the coming months, where a judge will decide whether to formally indict the company and its executives or dismiss the case.

Allegations of VAT Evasion Through Marketplace Sellers

At the center of the investigation are claims that Amazon’s platform enabled non-European Union sellers to avoid paying value-added tax (VAT) on goods sold to Italian consumers between 2019 and 2021.

Prosecutors allege that the company’s marketplace structure allowed thousands of foreign vendors—many reportedly based in China—to operate without fully disclosing their identities or tax obligations. This, authorities argue, led to substantial VAT losses for the Italian government.

Under Italian law, online platforms facilitating sales can be held partially liable if third-party sellers fail to comply with tax requirements, a key point in the prosecution’s case.

Italian Government Named as Affected Party

In their filing, prosecutors identified Italy’s Economy Ministry as the injured party, citing significant financial damage resulting from the alleged tax evasion.

Legal experts say the outcome of the case could have wide-ranging implications across the European Union, where VAT systems are harmonized and similar compliance rules apply to digital marketplaces.

Multiple Investigations Add to Pressure

The VAT probe is just one of several legal challenges facing Amazon in Italy. The European Public Prosecutor’s Office is reportedly examining additional tax-related issues covering more recent years.

Meanwhile, Milan authorities are pursuing separate investigations into alleged customs fraud linked to imports from China and whether Amazon maintained an undeclared “permanent establishment” in Italy—potentially exposing it to higher tax liabilities.

In a separate regulatory action, Italy’s data protection authority recently ordered an Amazon unit to stop using personal data from over 1,800 employees at a warehouse near Rome.

Amazon Denies Allegations

Amazon has consistently denied wrongdoing and indicated it will strongly contest the allegations in court if the case proceeds. The company has also warned that prolonged legal uncertainty could impact investor confidence and Italy’s appeal as a destination for international business.

Broader Impact on Europe’s Digital Economy

If the case moves to trial, it could become a landmark moment for the regulation of global e-commerce platforms in Europe. Governments across the region are increasingly scrutinizing how digital marketplaces handle tax compliance, especially in cross-border transactions.

With online retail continuing to expand, regulators are under mounting pressure to ensure that multinational platforms and third-party sellers adhere to the same tax rules as traditional businesses.

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