RICO rights for ERISA wrongs: Can plaintiffs find relief despite ERISA preemption of state-law claims?

The Employee Retirement Income Security Act of 1974 (ERISA)preempts state l aws that relate to employee benefit plans and allows only equitable relief for those who are injured by decisions of ERISA plan administrators. Even t hough the interpretation of ERISA's preemptive power has changed since 1974 , ERISA still poses a significant challenge to plaintiffs in actions for da mages against plan administrators. This Comment suggests that another feder al law, the Racketeer Influenced and Corrupt Organizations Act (RICO), whic h is explicitly not preempted by ERISA, may provide relief. The challenges that a plaintiff bringing an action against plan administrators may face in clude proving the "pattern" element of the RICO violation and overcoming th e requirement that a civil plaintiff be "injured in his business or propert y." This Comment posits that in a case where the plaintiff proves that the denial of rightful benefits is an administrator's regular way of doing busi ness, the "pattern" element may be met. It also argues that the damage caus ed by a fraudulent denial of benefits under an ERISA plan may well be an in jury to the business or property of the participant and concludes that the civil cause of action under RICO may be a mechanism for litigants to use in obtaining a remedy when ERISA's remedies are insufficient.