203 results for 'cat:"Racketeering"'.
J. Rakoff denies third-party defendant James Staley's motion to dismiss JPMorgan's claims against him alleging that Staley, who was the head of JPMorgan’s private banking division when Jeffrey Epstein first became its client, concealed Epstein's sex trafficking operation. JPMorgan’s fiduciary duty claim stands because Staley continued to do business with Epstein until 2013, before which he actively worked to convince JPMorgan to keep Epstein as a client despite JPMorgan wanting to sever ties with him. Staley's conduct ultimately caused JPMorgan damage when the public became aware of Epstein's sex trafficking operation.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: August 18, 2023, Case #: 1:22cv10904, NOS: Other Statutory Actions - Other Suits, Categories: Fiduciary Duty, racketeering
J. Hightower recommends that the district court dismiss a civil rights, RICO, fraud and breach of contract action brought by an individual against the insurer, attorneys representing the insurer, and state government and court employees. The court employees are entitled to qualified immunity from the individual's claims arising from their alleged failure to schedule hearings or respond to transcript requests in an underlying action. The individual's claim against the insurer under the Fourteenth Amendment should also be dismissed for failure to allege facts supporting a conspiracy between the insurer and state actors. The individual's RICO claim should be dismissed for failure to plausibly allege the existence of a racketeering enterprise.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 17, 2023, Case #: 1:23cv337, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, racketeering
[Consolidated.] J. Nalbandian finds the lower court properly denied the motorcycle gang members' motion to vacate their convictions for carrying a firearm during a crime of violence. The predicate offense used by the jury - racketeering aiding and abetting assault - qualifies as a crime of violence under federal law. Although one of the racketeering charges did not qualify as a crime of violence and the jury did not specify which charge was used as the predicate offense, the gang members were convicted of both offenses and, therefore, any error was harmless. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 16, 2023, Case #: 21-1768, Categories: Habeas, racketeering, Gangs
J. Pryor finds that the district court properly convicted defendants of various charges including racketeering conspiracy involving murder, carjacking, attempted robbery and firearm offenses. Defendants are members of the Gangster Disciples gang. The district court correctly refused to play a video for the jury venire about unconscious bias and did not abuse its discretion by refusing to ask questions during voir dire about unconscious bias. The district court correctly refused to admit expert opinion testimony about the nature and structure of the gang and correctly refused to suppress evidence obtained through an extended wiretap of one defendant's phone. Three defendants' rights were not violated when the district court ordered them to wear ankle restraints throughout the trial. However, one defendant's firearm conviction under the Armed Career Criminal Act must be vacated in light of the U.S. Supreme Court's finding in United States v. Taylor that attempted Hobbs Act robbery is not a crime of violence under the statute. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: August 16, 2023, Case #: 19-15024, Categories: Sentencing, racketeering, Gangs
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J. Nelson finds that the district court improperly entered summary judgment in an action brought by a Chinese company seeking relief under the Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly defective products purchased from a California-based company. The district court applied the incorrect legal standard by holding that the Chinese company failed to satisfy statutory standing because it lacked a domestic injury as its alleged harm was in China. The matter is remanded for further proceedings. Reversed in part.
Court: 9th Circuit, Judge: Nelson, Filed On: August 11, 2023, Case #: 21-55809, Categories: Product Liability, racketeering
[Consolidated]. J. Colloton finds a lower court properly sentenced four gang members on charges of racketeering, but erred in sentencing a fifth defendant of the Lowriders street gang. The government argued that the lower court properly sentenced all five "high- ranking" gang members, who are part of a "hierarchical structure," that sold cocaine and marijuana, unlawfully used firearms, and fought with rival gangs. However, the fifth defendant presented sufficient evidence in court that his involvement was to schedule weekly meetings, and may have not been involved the murder of a rival gang member because he was a "backseat passenger" at the time of the offense. Remanded in part.
Court: 8th Circuit, Judge: Colloton, Filed On: August 9, 2023, Case #: 22-1254, Categories: Drug Offender, racketeering, Gangs
J. Nye denies a custom-built boat and trailer company's motion to dismiss a customer's allegations that the company did not deliver the jetboat he purchased on time. The customer further alleges that a bank would pay the company a kickback for referring customers to the bank for financing their boat purchases. The company failed to obey the court's order to appoint new counsel, and has not appeared or motioned before the court in nearly seven years, therefore its motion to dismiss is denied.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 1:15cv314, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: racketeering
J. Ross grants the management firm's motion to dismiss RICO claims stemming from the alleged fraudulent diversion of $2.2 million from Fidelity's escrow account, but denies its motion with respect to Fidelity's conspiracy claim. Fidelity has not alleged that the defendants' acts were open-ended and continuous, rather than a one-time scheme, in order to support its RICO claim.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: August 7, 2023, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, racketeering
J. Curiel denies the law firm's motion for judgment as a matter of law, finding that there was sufficient evidence at trial to support the jury's finding that the law firm was part of a scheme to make convenience stores believe they were selling illegal products in order to extort cash payments from the stores. Evidence introduced at trial showed that the law firm did not test the products to determine whether they contained artificial prescription drugs before sending demand letters and ignored internal concerns as to whether the firm was suing stores that were not actually selling pills with pharmaceuticals in them.
Court: USDC Southern District of California, Judge: Curiel, Filed On: August 4, 2023, Case #: 3:18cv840, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: racketeering
J. Barker grants in part the cheerleading organizations' motion to dismiss, ruling that the cheerleader cannot bring claims against them under the Child Abuse Victims' Rights Act because there are no allegations the organizations performed any of the predicate acts that make up the claims and the Act does not allow for secondary liability, even if the organizations were aware of abuse by several coaches. Meanwhile, the cheerleader's alleged loss of a potential career as a professional cheerleader is not sufficient to establish a concrete injury that would grant standing to bring RICO claims, and those claims will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:21cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, racketeering
J. Barker grants the investment companies' motion to dismiss, ruling that while the cheerleading coaches' actions in the State of Ohio allow this court to exercise jurisdiction via the RICO statute, secondary liability cannot be used to establish a civil claim for damages, and there is no evidence the companies directly committed any of the acts alleged by the abused cheerleader. Meanwhile, the alleged loss of his career as a professional cheerleader is insufficient to establish a concrete injury, and so the suit will be dismissed in its entirety against the companies.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: August 2, 2023, Case #: 1:22cv2139, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Emotional Distress, racketeering
J. Agee finds the lower court improperly allowed the wife of a convict to remain living in a forfeited property. The wife of the man convicted of racketeering owns a one-third interest in the property. The property should have been sold, with the proceeds being split based on interest between the wife and the government. Vacated in part.
Court: 4th Circuit, Judge: Agee, Filed On: August 2, 2023, Case #: 22-1066, Categories: Property, Forfeiture, racketeering
J. Baker denies the veterans' motion for default judgment and dismisses a RICO, negligence, fraud and emotional distress action alleging that the doctor and pharmaceutical company conspired to prevent veterans suffering "blast-induced traumatic brain injury" from accessing hyperbaric oxygen treatment. The veterans' RICO claims are time-barred and they fail to allege the existence of an enterprise between the doctor and the company. The veterans also failed to plausibly allege that any conduct by the company caused their purported injury.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 1, 2023, Case #: 4:19cv189, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Veterans, racketeering
J. Menashi finds that the district court improperly dismissed RICO claims contending plaintiff's brother looted their father's estate as executor. The RICO amendment cited by the brother did not apply to the claims because the alleged instances of fraud did not involve buying or selling securities. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: July 24, 2023, Case #: 21-2105, Categories: Securities, racketeering
J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, racketeering
J. Gleason dismisses the individual plaintiff's lawsuit, in which he seeks "to reopen a prior case." The court notes that the complaint is "fundamentally flawed" and provides the court with no basis to reopen the previous case. Additionally, to the extent that he attempts to assert a new claim under the Racketeer Influenced and Corrupt Organizations Act, the addition cannot revive a "barred action."
Court: USDC Alaska, Judge: Gleason, Filed On: July 21, 2023, Case #: 3:23cv46, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Procedure, racketeering
J. Copperhite grants a police officer’s motion for summary judgment following allegations by a pedestrian that the officer had falsely arrested him and accused him of stashing a gun in some bushes. Although this officer was eventually indicted by a federal grand jury for RICO violations and sentenced to 18 years’ in prison, in this case, the pedestrian could not provide sufficient evidence of his claim that this officer planted the gun.
Court: USDC Maryland, Judge: Copperhite, Filed On: July 20, 2023, Case #: 1:20cv488, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, racketeering
J. Walker finds that the district court properly convicted defendant of gang-related racketeering conspiracy, murder in aid of racketeering, and using a firearm during a crime of violence. Defendant contends that intentional murder under New York law, the predicate offense for the firearm count, was not a crime of violence, but the crime requires use of force. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: July 18, 2023, Case #: 21-1486-cr, Categories: Firearms, Murder, racketeering