The Cayuga Nation is pressing a New York federal court to compel the owners of a tribal smoke shop to pay over $662,000 in legal fees following a hard-fought RICO trial. The case targeted Dustin Parker and Nora Weber, operators of the Pipekeepers smoke shop, for illicit sales on tribal land.
While the monetary outcome of the trial was modest, the tribe argues that Racketeer Influenced and Corrupt Organizations Act (RICO) entitles the winning party to attorney fees, regardless of the damages awarded, according to a memorandum filed Tuesday.
Statutory Right to Attorney Fees
“The Nation therefore comes to this court not to seek a discretionary benefit, but to enforce a statutory right Congress enacted,” the tribe wrote, noting that civil RICO is designed to incentivize private parties to act as ‘private attorneys general.’”
The $662,000 request covers both legal fees and litigation costs incurred over four years of extensive legal battles.
A Complex Verdict
The trial’s financial outcome was mixed. The jury awarded $75,619 in damages to the tribe but simultaneously granted the entrepreneurs $298,000 on counterclaims for alleged illegal eviction and seizure of inventory. A court judgment on Dec. 16 confirmed these figures, noting that any award to the retailers offsets the Cayuga Nation’s win.
Despite this apparent wash, the tribe argues that attorney fees are mandatory under RICO, even if net damages appear negligible. The memorandum cites precedent where a RICO winner received only $1 in damages yet remained entitled to fees.
