KEO RATHA, ET AL V. RUBICON RESOURCES, LLC
Split Score
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Case Summary
Disposition
Reversed
Sitting en banc, the Ninth Circuit reversed the district court’s denial of Rule 60(b)(6) relief and held that Congress’s 2023 amendment to 18 U.S.C. § 1595(a)—adding civil liability for those who "attempt or conspire to benefit" from human-trafficking ventures—applies retroactively. The court further concluded that the remaining grounds the district court relied on for summary judgment were legally flawed and remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether, prior to the 2023 ATRA amendment, 18 U.S.C. § 1595(a) created civil liability for parties that merely attempt to benefit from a human-trafficking venture ("attempt" liability).
Circuit Positions
§ 1595(a) (pre-ATRA) already permits civil liability for attempts to benefit from a trafficking venture (co-extensive with criminal attempt liability).
§ 1595(a) (pre-ATRA) does NOT permit civil liability for mere attempts to benefit; only actual benefits are actionable.
Conflict Summary
The First and Fourth Circuits had held that § 1595(a) already encompassed civil liability for attempts because § 1594 defines an attempt to violate § 1589 as itself a violation, making civil liability co-extensive with criminal liability. In contrast, the Ninth Circuit (in Ratha I, 35 F.4th 1159 (2022)) ruled that, absent the express words "attempts or conspires" in § 1595(a), victims could not sue parties that only attempted to benefit from trafficking. The en-banc opinion acknowledges that this disagreement prompted Congress to amend the statute.