Can an online smear campaign trigger a RICO claim? In Hartman v. Sells, it did—resulting in $12.5 million in damages. Etan Mark returns to explain why.
Description
In this episode of Lawsome Sauce, hosts PJ and Harper welcome back RICO litigator Etan Mark of Mark Migdal & Hayden to unpack a precedent-setting case: Hartman v. Sells. This case explores how defamation, digital impersonation, and deceptive marketing crossed into racketeering territory under federal RICO law.
Plaintiff Jason Hartman, a real estate investor and podcaster, alleged that Charles Sells and The PIP Group carried out a coordinated campaign of digital sabotage—damaging Hartman’s brand, stealing clients, and nearly destroying his business.
A federal jury awarded Hartman $12.5 million after finding violations of RICO, false advertising, defamation, and trademark law. On appeal, the Eleventh Circuit upheld the ruling, emphasizing the doctrine of continuity under RICO—a standard that legal practitioners are now watching closely.
🎙 Special Guest:
Etan Mark, Esq.
Founding Partner | Mark Migdal & Hayden
📚 Key Topics:
Federal RICO law & the “continuity” requirement
Online defamation as organized fraud
The role of intent and concealment in civil RICO
Implications for digital reputation and business tort litigation
📌 Timestamps:
0:00 – Introduction
0:00 – Overview of the Smear Campaign
0:00 – Legal Claims and Trial Verdict
0:00– What Makes a Scheme RICO-Worthy?
0:00 – The Eleventh Circuit’s View on Continuity
0:00 – Implications for Future Cases
0:00 – Etan’s Take on RICO’s Evolving Role
0:00 – Final Thoughts and Takeaways
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YouTube ID: ULDH8ECY82DVFXVG
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