203 results for 'cat:"Racketeering"'.
J. St. Eve finds that the lower court properly convicted defendant of racketeering, attempted murder, kidnapping, and drug offenses, and sentenced him to life in prison. Defendant was properly convicted of attempted murder after he shot an arresting officer in the finger, and the state proved that this crime was a crime of violence for sentencing purposes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 5, 2023, Case #: 22-1477, Categories: Murder, Sentencing, racketeering
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ramos grants the cryptocurrency seller's motion to set aside a default judgment in favor of investors who allege securities fraud, violations of the Racketeer Influenced and Corrupt Organizations Act, and various common law causes of action. The seller filed his motion to set aside the judgment more than 2 years after it was entered on the basis that he was unable to answer the complaint because he was incarcerated and subject to COVID-19 lockdown protocols. The investors would not be prejudiced by setting aside the judgment and make no argument showing that litigating the claims would lead to discovery difficulties. The seller is currently incarcerated, giving him no greater opportunity for fraud upon vacating the default.
Court: USDC Southern District of New York, Judge: Ramos , Filed On: June 30, 2023, Case #: 1:20cv4650, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, racketeering
J. Doyle finds that the trial court properly dismissed the churches from actions brought by the individuals alleging sexual abuse by scoutmasters with regard to RICO, respondeat superior and public nuisance claims. However, the trial court incorrectly dismissed several of the individuals' claims, including claims for fraudulent misrepresentation, fraudulent concealment, failure to provide adequate security, attorney fees and punitive damages. The trial court failed to correctly analyze negligence claims against one church. The individuals may be able to introduce evidence supporting tolling under the statute as to their fraud claims, therefore the trial court incorrectly dismissed them as time-barred. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 29, 2023, Case #: A21A0898, Categories: Fraud, Negligence, racketeering
J. Simon finds in favor of the customer for his Unlawful Trade Practices Act claim against the car shop as part of the customer's lawsuit alleging that the car shop and its owners did not repair his Mustang and instead made it unsafe to drive. The car shop made untrue statements about the status and quality of restoration services on the customer's Mustang and the material defects of the vehicle's delivery, so the customer is entitled to $53,500 in economic damages.
Court: USDC Oregon, Judge: Simon, Filed On: June 28, 2023, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Negligence, Contract, racketeering
J. Tunheim denies the toymaker, its principal and its successors' motion to dismiss the sports equipment seller's suit against them alleging that they engaged in a series of fraudulent transfers to avoid paying a judgment. Contrary to the toymaker and related entities' assertions, the sale of the majority of the sports equipment seller's assets to another party did not include its claims against the toymaker, so the sports equipment seller owns the judgment at issue and has plausibly alleged injury.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:19cv763, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Enforcement Of Judgments, racketeering
J. King finds the trial court properly convicted defendants for drug trafficking, firearms offenses and racketeering in affiliation with the Sinaloa cartel. All evidence supports conviction, establishing that the cartel’s hierarchy and membership was consistent enough to prove conspiracy. Jury instructions explaining that it is unnecessary to find that the enterprise had a function unrelated to racketeering align with Supreme Court guidance, avoiding to suggest that proof of an enterprise establishes proof of racketeering, and were not erroneous. Affirmed. Life sentences imposed for certain counts were outside the guidelines and are vacated and remanded.
Court: 5th Circuit, Judge: King, Filed On: June 22, 2023, Case #: 22-50164, Categories: Drug Offender, Firearms, racketeering
[Consolidated.] J. Parker finds that the district court properly declined to vacate five defendants' convictions for carrying firearms in furtherance of an organized crime syndicate's illegal gambling operations. Racketeering may no longer constitute a predicate crime of violence due to changes to precedent, but substantive RICO offenses do when convictions are based on offenses that require actual, attempted, or threatened use of force. Affirmed.
Court: 2nd Circuit, Judge: Parker, Filed On: June 21, 2023, Case #: 21-932 (L), Categories: Firearms, racketeering
J. Wicks grants the litigants' motion to compel non-party Suffolk County District Attorney's Office to unseal and produce criminal records related to prior investigations it conducted into one of the defendants, asserted in this RICO action, for crimes related to allegations that he tricked unsuspecting real-estate investors into executing mortgages and then using the funds to pay off previously fraudulently-induced mortgages. While the motion does not fit into any of the exceptions under N.Y. Criminal Procedure Law, the district court finds the documents relevant to their case and exercises its authority to unseal the criminal records and order their production.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: June 15, 2023, Case #: 2:21cv1224, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Discovery, racketeering
J. Silva grants the topless dance club’s motion for summary judgment in this suit brought by cocktail waitresses on allegations that the club is involved in racketeering, fraud and commercial sex. Though the waitresses have not responded to the motion, having seemingly abandoned the case, they also haven’t provided evidence beyond conclusory allegations. The club owners have provided evidence indicating that they did not engage in a tax-burden-shifting scheme or fail to properly compensate waitresses. Summary judgment is granted on the merits.
Court: USDC Nevada, Judge: Silva, Filed On: June 5, 2023, Case #: 2:20cv1111, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Retaliation, racketeering
J. Griggsby grants one in a group of pharmaceutical firms its motion to dismiss allegations of RICO violations brought by a class of probiotic medical buyers. The class argues that the firm, along with others party to this suit, removed an ingredient from a new version of their product but failed to update the label, thus engaging in false advertising. However, as this particular firm only manufactures, advertises and sells the product in Italy, the claims against it cannot stand.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 1, 2023, Case #: 8:19cv2173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Jurisdiction, False Advertising, racketeering
J. Immergut dismisses with prejudice the committee administrator's lawsuit alleging that the members of the Oregon State Bar Board of Bar Examiners abused their positions to initiate joint public corruption investigations against the committee administrator on behalf of oil companies that opposed Senate Bill 664 that the committee administrator supported in 1987. The committee administrator's federal claims are time-barred because they all stem from the 1987 public corruption investigations. While he claims damages for the last 30 years, he does not prove how this is relevant within the four-year statute of limitations, nor does he come up with a justification to overlook how he did not discover his initial injuries until after the original statute of limitations.
Court: USDC Oregon, Judge: Immergut, Filed On: May 31, 2023, Case #: 3:22cv1959, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, racketeering
J. Diaz finds the lower court improperly dismissed the inmates' families' RICO charges. The families sufficiently pled injury in being overcharged for prison phone calls stemming from the providers' misrepresentation of prices to local governments. Vacated.
Court: 4th Circuit, Judge: Diaz, Filed On: May 25, 2023, Case #: 22-1472, Categories: Government, Consumer Law, racketeering
J. Bennett partially grants an electroacupuncture device manufacturer its motion to dismiss allegations of RICO violations brought by a group of companies who bought the product for use in their businesses. The companies’ owners claim the manufacturer fraudulently sold the device as a nerve stimulator that was billable under Medicare, but this type of fraud is typical and not serious enough to state a claim.
Court: USDC Maryland, Judge: Bennett, Filed On: May 25, 2023, Case #: 1:22cv1732, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Medicare, racketeering