203 results for 'cat:"Racketeering"'.
J. Barker grants the Pomo Indian lender's motion to compel arbitration. The lender claims amounts due and owed on the borrower's loan for $1,100 at 335.43% interest are still outstanding. Though this class action claims the lending scheme is predatory and unlawful, a state law disclaimer in the contract does not render the delegation clause in the arbitration agreement unenforceable. The delegation clause does not prospectively waive the borrower's recourse to any federal rights.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 22, 2024, Case #: 1:23cv520, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Banking / Lending, Class Action, racketeering
J. Maldonado denies a home owner’s motion to amend their long-delayed RICO complaint against a bank and assorted real estate interests, and furthermore dismisses the complaint for lack of jurisdiction. The court finds it lacks jurisdiction over some of the real estate interests, and that there’s little indication the home owner's amended complaint would address the generally unactionable allegations of the complaint currently before the court.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: March 21, 2024, Case #: 1:15cv10610, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Real Estate, Jurisdiction, racketeering
J. Brennenstuhl denies the doctor's motion for leave to reply to the medical group's response to his motion for leave to file a second amended complaint. The doctor brought this action against his employer alleging racial discrimination, hostile work environment and retaliation. His current motion to amend adds six new claims and names nine new individual defendants, adding RICO, mail fraud, and money laundering allegations. The doctor does not have standing to bring the RICO claim nor has he established a pattern of racketeering. Making only conclusory statements, the doctors other claims are insufficiently pleaded.
Court: USDC Western District of Kentucky, Judge: Brennenstuhl , Filed On: March 20, 2024, Case #: 4:23cv73, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, racketeering
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J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Tort, racketeering
J. Brennan grants, in part, the Ohio paint removal company's motion for summary judgment, ruling the competitor's RICO claims must be dismissed. It knew or should have had strong suspicions regarding the Ohio company's fraudulent bidding practices before or during the criminal bribery trial of its owner, which took place more than four years before this complaint was filed; therefore, the complaint was filed outside the statute of limitations.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: March 18, 2024, Case #: 5:21cv731, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, racketeering
J. Snyder denies the city's motion to dismiss an investor's fraud and negligence claims, stemming from a cannabis permit consulting company of city employees who defrauded him of $900,000 with a sham consulting agreement for an application to open a cannabis business which cost other applicants $2857. Federal charges were brought against the architects of the fraudulent scheme. The city then sent the investor a notice threatening to terminate its state cannabis license if it did not drop the instant lawsuit. The investor has sufficiently alleged that the city failed to supervise its employees which permitted them to defraud the investor and that the city should have been aware of the corruption of the cannabis process due to FBI raids on some of those employees. It is premature to dismiss the investor's fraud claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 15, 2024, Case #: 2:23cv384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Negligence, racketeering
J. Griesbach grants one motion to dismiss and denies another in the Wisconsin-based firm's lawsuit against the Florida-based financial services company, the Nevada-based corporation and others alleging a conspiracy to get the firm to make a $1 million loan to the corporation using fraudulent carbon credits as leverage to secure the loan. It has not been established that the Florida-based company has sufficient contact with Wisconsin to establish personal jurisdiction, so it and its representatives are dismissed. Jurisdiction will be exercised over a Michigan-based consulting services company, and the sufficiently pleaded claims against it and its representatives will proceed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 15, 2024, Case #: 2:23cv717, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Jurisdiction, racketeering
J. Richardson finds the lower court properly classified the gang member's attempted murder in aid of racketeering activity as a crime of violence. The gang member argued that the Supreme Court's decision in U.S. v. Taylor created a dramatic change in what constitutes a crime of violence when it held that attempted Hobbs Act robbery isn’t such an offense. Taylor simply held that attempted Hobbs Act robbery isn’t a crime of violence because Hobbs Act robbery can be committed without the use of force. Murder, by contrast, requires the use of force. So, attempted murder necessarily requires the attempted use of force and fits cleanly within the definition of a crime of violence. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: March 15, 2024, Case #: 22-4147, Categories: Murder, racketeering, Gangs
J. Cronan dismisses the small businesses' RICO claims against several lenders over an alleged predatory lending scheme disguised as agreements for the purchase and sale of these businesses' future sales receipts. Nothing in the complaint suggests that the defendants, in making the agreements and collecting the debts, acted beyond "the regular affairs of the corporation." However, the businesses' shall be given the opportunity to amend their complaint.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 14, 2024, Case #: 1:23cv1404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Business Practices, Banking / Lending, racketeering
J. Kennelly denies an Alaskan Native tribe-owned lending company’s motions to compel a RICO class action to arbitration, and to transfer the case to the District of Alaska. The suing class is composed of Illinois residents who took loans from the lending company, whose loans’ annual interest rates range from 466.66% to 792.76% — rates, the borrowers say, are illegal under Illinois law. They argue the lender uses its status as a Native American-owned business to predate on customers while dodging state and federal laws by asserting sovereign immunity. The court finds the Northern District of Illinois is a proper venue, as that is where the class members’ alleged injuries took place, and also finds that the class’s claims cannot be addressed by arbitration.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: March 14, 2024, Case #: 1:23cv3590, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Native Americans, Banking / Lending, racketeering
J. Ezra adopts a report and recommendation and partially dismisses a RICO suit brought by an investment fund against several parties, including subsidiaries, which the fund says defrauded it of “substantial assets.” The prior judge’s findings were “neither clearly erroneous nor contrary to law” when he found that the fund has failed on many of its claims, including all of its fraud-based claims — though it may proceed with a handful of others, including for breach of contract. Because of the fund’s “repeated failure to adhere to the local rules,” it will have future pleadings stricken if it continues to not comply.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: March 7, 2024, Case #: 1:22cv652, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Banking / Lending, racketeering
J. Anderson adopts the recommendation of the magistrate judge and dismisses the plaintiffs' complaint without prejudice based on a lack of subject matter jurisdiction. The plaintiffs, who owned an online Etsy store where they resold "collectible sports plates," allege violations of the Racketeer Influenced and Corrupt Organizations Act in connection with the defendants' trademark enforcement activities, specifically regarding a 1989 plate depicting former NBA player Kareem Abdul-Jabbar. However, the court concludes that their allegations are implausible.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: March 5, 2024, Case #: 1:23cv1143, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trademark, Jurisdiction, racketeering
J. Ellis grants the defendant marketing agents’ motion to dismiss RICO and Defend Trade Secrets Act violation claims brought by cryptocurrency developers. The developers hired the marketing agents to help them advertise their cryptocurrency and its associated hardware, only for the marketers to fleece them for as much money as possible, sometimes charging thousands of dollars for reasons that were never fully elaborated. They also failed to tell the developers that per a prior order from the FTC, they were not allowed to perform certain marketing activity. However, the court finds the developers have failed to show how the marketing agents' behavior amounts to racketeering or betrayal of trade secrets.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: March 5, 2024, Case #: 1:22cv708, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Technology, racketeering
[Consolidated.] J. Clay finds the lower court properly ordered the pharmacy owner to voluntarily dismiss a False Claims Act suit against State Farm. The parties' settlement agreement following RICO claims filed against the owner encompassed all claims filed by the owner, not just those involved with fraudulent billing practices. Although the false claims suit was filed under seal, the settlement required the owner to dismiss known and unknown claims, and so the enforcement order was valid. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: March 5, 2024, Case #: 22-1409, Categories: Settlements, False Claims, racketeering
J. Flaum finds that the lower court properly sentenced defendant on gang-related RICO charges. The court properly calculated defendant's offense level including his responsibility for a man's murder, because the crime was a jointly undertaken criminal activity and he was directly responsible under Illinois law even if defendant was not a gang leader. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 5, 2024, Case #: 23-1236, Categories: Sentencing, racketeering, Gangs
J. Van Meerveld grants a request by developers and a flooring company to dismiss civil racketeering claims by the father and son owners of a construction company, alleging they were defrauded into investing in a business deal to purchase, renovate and sell real estate. The litigants’ allegations are insufficient to show the necessary predicate acts, or independent illegal activity, required for a RICO claim. Not one allegation in the suit identifies a fraud or misrepresentation. Instead, the alleged acts can only reasonably be interpreted as preliminary negotiations of a legitimate business deal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: February 28, 2024, Case #: 2:23cv565, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Evidence, Business Practices, racketeering
Per curiam, the Fourth Circuit upholds defendant’s conviction for two counts of using a firearm in relation to a violent crime. A violent crime in support of racketeering activity, committed with a dangerous weapon, is a valid crime-of-violence predicate for convictions such as defendant’s. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 20-6767, Categories: Criminal Procedure, Weapons, racketeering
J. Woods grants the timeshare seller's motion to dismiss RICO claims stemming from allegations that it misled buyers about timeshare interests in a Manhattan building, hiding the true fees involved and availability of reservations. The buyers' dispute as to the calculating and billing of management and maintenance fees does not evince a scheme to defraud them. Similarly, the buyers allege they had great difficulty in reserving the use of their timeshare interests, but do no identify any misrepresentations or deception on the seller's part.
Court: USDC Southern District of New York, Judge: Woods, Filed On: February 26, 2024, Case #: 1:20cv7042, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, racketeering
J. Brasher finds that the district court properly admitted evidence of a police investigator's testimony and correctly convicted defendant of RICO conspiracy, attempted murder and other offenses. The investigator's statement at a preliminary hearing recounted a witness's statements implicating defendant in a crime. The witness was later murdered by other gang members who attended the hearing. The testimony was not hearsay because it was offered to establish the effect it had on the listeners at the hearing and to show that defendant and fellow gang members had a motive to kill the witness for cooperating with police. The district court correctly found that the probative value of the testimony was not outweighed by any unfair prejudice to defendant. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: February 26, 2024, Case #: 22-13068, Categories: Confrontation, Conspiracy, racketeering
Per curiam, the Fourth Circuit finds the lower court properly denied the defendant's motion to vacate his sentence. The defendant argued that violent crimes in aid of racketeering conviction for assault with a dangerous weapon is not a crime of violence. The predicate VICAR assault offense qualified as a crime of violence because that offense had as an element the use, attempted use, or threatened use of physical force against the person or property of another. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 22-6285, Categories: Assault, racketeering
J. Morris dismisses all class insurance and RICO claims against several medical service providers and medical lien companies from consumers who say the companies use practices that prevent them receiving notification of any medial liens against them. The complaint, which has already been tossed twice, fails to point to a single "legally cognizable injury" that was born from the companies breaking the law. With no standing or opportunities to amend left, the complaint is tossed in its entirety and the case is directed to be closed.
Court: USDC Montana, Judge: Morris, Filed On: February 20, 2024, Case #: 4:21cv92, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Insurance, Class Action, racketeering