53 results for 'cat:"Fraud" AND cat:"Racketeering"'.
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: fraud, Contract, racketeering
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Conversion, racketeering
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J. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, fraud, racketeering
J. Friedrich dismisses the assignees' claims against the drugmaker in their suit alleging a scheme in which the drugmaker donated its drugs to Patient Assistance Programs in an effort to push under-resourced patients benefiting from those programs into taking the drugmaker's drugs, then increase its prices to benefit from the resulting increase in health insurance claims for those drugs. The assignees have not shown that their unnamed assignors would have standing to pursue claims on their own, nor that their named assignors' would have standing to pursue state law claims. They have shown that they have standing to pursue the named assignors' federal RICO claims, but RICO does not provide a private right of action to pursue such claims by indirect purchasers. They also have not sufficiently pleaded any RICO predicate.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 30, 2024, Case #: 1:22cv1419, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Medicare, racketeering
J. Boardman grants a biotechnology firm’s motion to dismiss this RICO and fraud lawsuit that alleges the maker funneled kickbacks to pharmacies who referred patients to expensive medical services for patients with pulmonary arterial hypertension. United Healthcare has not plausibly alleged the scheme continued after January 2014, failed to plead the indirect purchasing rule and its mail and wire fraud allegations are not pleaded in detail. Therefore, the claims are time-barred and dismissed with prejudice.
Court: USDC Maryland, Judge: Boardman, Filed On: March 25, 2024, Case #: 8:22cv2948, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Health Care, 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. 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. 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. Seeger denies a dental business management firm’s motion for summary judgment on RICO and state law fraud claims against a bank, and partially grants the bank’s motion for summary judgment on the same claims. The firm hired felons convicted of financial crimes to oversee its business operations, and blames bank employees for conspiring with the pair after they began embezzling the firm’s funds. The court finds there is insufficient evidence to back up these conspiracy and racketeering claims, and finds the state law allegations of fraud that occurred before Dec. 20, 2012, are time-barred. The state law claim stemming from alleged incidents after that date survive.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 14, 2024, Case #: 1:17cv9161, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Banking / Lending, racketeering
J. Vilardo transfers claims contending a company had been induced to purchase medical grade nitrile gloves, that most of the gloves had not been shipped, and that the gloves that had been received were of poor quality. One company is headquartered in Buffalo, but evidence did not indicate meetings or negotiations took place in the relevant district, while the contract dispute at the heart of the complaint concerns events that occurred in Manhattan.
Court: USDC Western District of New York, Judge: Vilardo, Filed On: February 12, 2024, Case #: 1:22cv892, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Venue, racketeering
J. O'Connor denies a group of banks' motion for summary judgment on an apartment company's claims arising from loans it obtained to construct a student housing complex. There are genuine disputes of fact regarding the company's claims for RICO, fraud, breach of contract and gross negligence, among others.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 6, 2024, Case #: 4:23cv341, NOS: Other Contract - Contract, Categories: fraud, Banking / Lending, racketeering
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: fraud, Conversion, racketeering
J. Alonso partially grants a physical therapy provider’s motion to dismiss RICO claims brought by two former patients. The patients claim the provider charged them the “full, rack-rate cost of services, instead of the insurance-negotiated rates they are contractually obligated to charge.” The court finds the patients have not sufficiently alleged racketeering claims or Illinois law fraud claims. One of the patient’s additional claims under the Maryland Consumer Protection Act stands, as do both patients unjust enrichment claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: January 26, 2024, Case #: 1:22cv1181, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Health Care, racketeering
J. Failla dismisses RICO claims against the defendant metal importers but sustains the breach of contract claims in a lawsuit alleging a group of importers schemed to obtain aluminum steel from the manufacturer without paying for it. The fraud claim is duplicative of the breach of contract claim because the alleged misprepresentations were not extraneous to the contract, but at the heart of the manufacturer's belief the contract would be paid in full by a third party.
Court: USDC Southern District of New York, Judge: Failla, Filed On: January 26, 2024, Case #: 1:22cv1928, NOS: Other Contract - Contract, Categories: fraud, Contract, racketeering
J. Morrison denies, in part, the advertising firm's motion to dismiss, ruling the videoconferences it conducted with Ohio insurance technology firm and the service of work contracts signed between the companies satisfy Ohio's long-arm statute and give this court jurisdiction over the insurance technology firm's RICO lawsuit. Meanwhile, even though the executive at the insurance firm allegedly devised the sham services scheme, the advertising firm's submission of invoices and wiring of money from its own accounts to the executive's other business entity are sufficient to constitute conduct to establish a RICO claim at this stage.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: January 8, 2024, Case #: 2:23cv512, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Jurisdiction, racketeering
J. Loken finds a lower court properly dismissed a bank's Racketeer Influenced and Corrupt Organizations Act claims against a beneficiary of a trust, which houses hundreds of art works created by Thomas Hart Benton. The bank, which served as co- trustee, argued that the beneficiary engaged in "mail, wire, and bank fraud," and that it was entitled to leave to file a second amended claim. However, the beneficiary sufficiently showed in court that the bank failed to properly plead a RICO claim, and that it did not engage in fraud by directing its representation to gather trust records. Affirmed.
Court: 8th Circuit, Judge: Loken , Filed On: January 4, 2024, Case #: 22-3331, Categories: fraud, Trusts, racketeering
J. Manasco finds that the district court properly abstained from exercising jurisdiction over a fraud and RICO action brought by the property owners against the bank arising from a dispute over the validity of a mortgage and an allegedly false promissory note. The district court correctly stayed the federal case pending conclusion of a related state court foreclosure action. Both cases involve similar parties and substantially similar issues related to the validity of the note and the existence of a lien on the property. Affirmed.
Court: 11th Circuit, Judge: Manasco, Filed On: January 4, 2024, Case #: 22-11355, Categories: fraud, Jurisdiction, racketeering
J. Kenney grants a company’s petition for attorney fees in this racketeering case in which the firm alleged that the sued company orchestrated a yearslong fraudulent scheme involving “submitting false invoices on construction projects in order to bilk money from banks, the federal government, and subcontractors.” The request for $855,660 in attorney fees for 2,159.88 hours of work is reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: January 2, 2024, Case #: 2:21cv3384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Attorney Fees, racketeering