In a bizarre twist to its long-running battle with Deutsche Telekom, Vivendi has filed a complaint in a US Federal Court under the Racketeer Influenced and Corrupt Organizations Act (RICO). It says that “T-Mobile has illegally appropriated Vivendi's $2.5 billion investment in one of Poland's leading mobile telecommunications operators, Polska Telefonia Cyfrowa sp. zo.o. (PTC), through a pattern of fraud and racketeering.”

Named in the suit are T-Mobile USA, Inc., T-Mobile Deutschland Gmbh, Deutsche Telekom AG and Mr. Zygmunt Solorz-Zak, head of Elektrim, joint-owner with Vivendi of the disputed stake in PTC.

Vivendi alleges that T-Mobile USA “colluded with Mr. Solorz-Zak in a pattern of racketeering activity over US wires as part of an unlawful scheme to take over an enterprise, PTC, and corrupt another enterprise, Elektrim.”

According to Vivendi Chairman Jean-Bernard Lévy, "Vivendi considers that T-Mobile and Mr. Solorz-Zak's Elektrim illegally appropriated its $2.5 billion investment in PTC and, at every turn, have defied court orders. By filing this Racketeer Influenced and Corrupt Organizations Act complaint, Vivendi asks the court for a simple remedy: give us back our money or our PTC shares. Fairness and justice must prevail."

Earlier this month, the Vienna Court of Appeal confirmed its earlier decision in favour of Vivendi over the stake. By earlier, I mean November 2004. Now a whole new set of lawyers can start rubbing their hands with glee.
Jim Chalmers