207 results for '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. Wicks grants, in part, a motion to modify the court’s preliminary injunction in a RICO case involving several Long Island-based car dealerships. The court denies the litigant’s request for the return of 43 vehicles that are currently unacccounted for, finding they failed to produce any evidence at a hearing showing the defendants are in possession of the vehicles. The court, however, grants its request seeking permission to sell 30 vehicles subject to the order and to retain the proceeds, as well as its request compelling the defendants to cooperate with its intent to wind up its business operations.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: May 8, 2024, Case #: 2:23cv6188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Vehicle, 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. Suttell finds that the trial court properly dismissed claims in which developers allege substantive due process and RICO violations, tortious interference with a contract and prospective business advantages, and civil liability for crimes, because the claims were barred by the three-year statute of limitations. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: April 24, 2024, Case #: 23-67, Categories: Due Process, Business Expectancy, racketeering
J. Pittman finds that a litigant of a previous divorce proceeding does not have standing to sue judges and attorneys involved in the divorce case because both are immune from such actions. Furthermore, the litigant has produced no evidence to support their RICO claims that involve a scheme between judges, attorneys and the litigant’s bank to launder money through attorney fees to pay for property purchases. The litigant’s case is dismissed.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: April 23, 2024, Case #: 4:23cv758, NOS: Other Statutory Actions - Other Suits, Categories: Immunity, Jurisdiction, racketeering
J. Lewis finds the trial court properly convicted defendant for racketeering, conspiracy, assault and battery with a deadly weapon and related charges, sentencing him to 60 years in prison. The court correctly instructed the jury on the elements of racketeering and substantial evidence supports all convictions. Defendant shows no error in any of his 11 contentions, while all sentencing factors were properly considered. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: April 18, 2024, Case #: F-2021-485, Categories: Firearms, Conspiracy, racketeering
J. Frimpong denies in part a former senior vice president's motion for judgment as a matter of law and grants in part his motion for a new trial regarding his former employer's, a human tissue product seller's, allegations that he misappropriated trade secrets, breached relevant contracts and interfered with the company's prospective economic advantage. The jury properly found that the former employer's manufacturing process was confidential, and that the former employee used or disclosed this information. The breach of duty claims are not preempted by trade secret law. The damages are supported by the evidence. There were no legal errors that would justify granting a new trial. However, there was insufficient evidence of the former employee's ability to pay a punitive damages award. The parties are ordered to further brief the issue of an appropriate punitive damages award.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 17, 2024, Case #: 2:20cv3444, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Trade Secrets, Contract, racketeering
J. Motz finds the lower court properly convicted a group of gang members accused of racketeering conspiracy, murder, attempted murder and related crimes. The gang members contend that neither violent crimes in aid of racketeering (VICAR) attempted murder based on Virginia attempted murder nor VICAR attempted assault with a dangerous weapon based on Virginia unlawful wounding constitute valid predicates for crimes of violence. Even an attempt is a crime of violence if the completed offense invariably requires the use of physical force. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: April 16, 2024, Case #: 21-4231, Categories: Murder, racketeering, Gangs
J. Segal finds that the district court improperly eliminated or reduced four of eight restitution awards in racketeering claims brought against defendant for fencing stolen vehicles because defendant's sworn affidavits challenging the restitution awards must be sufficiently detailed to inform the state that he intended to challenge the amount of loss for each challenged item, whereupon the state has a duty to present evidence proving the amount of loss. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: April 8, 2024, Case #: A23-0571, Categories: Theft, Restitution, racketeering
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. Malone finds a lower court properly convicted a defendant for Racketeer Influenced and Corrupt Organization practices. The defendant argued that his 138 month prison sentence is unreasonable based on his insistence that he was a minor during part of his criminal activities as a member of the Insane Crips. However, the state presented sufficient evidence in court that his ongoing crimes began when he was underage and continued into his adult life. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: March 29, 2024, Case #: 125992, Categories: Sentencing, racketeering, Gangs
J. Corker denies the defendant health care entities' dismissal motion in this class action asserting claims for violations of the Racketeer Influenced and Corrupt Organizations Act, as well as claims for unjust enrichment and declaratory judgment, based on an alleged scheme of upcoding and overbilling. The court holds that the plaintiffs have sufficiently alleged the predicate RICO acts with the particularity required and "plausibly pleaded a RICO conspiracy claim."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 29, 2024, Case #: 3:23cv111, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, Class Action, racketeering
J. Dillon grants the doctor's motion for attorney fees. The healthcare provider claims over two dozen individual and corporate-entity defendants, schemed to harm their business by converting, stealing, and misappropriating its business assets, contracts, workforce, and expectancies. The doctor left the provider and joined a competitor, creating what the healthcare provider claimed was a conspiracy to take their clients and employees. The court found that the provider had failed to allege the requisite predicate act necessary for a valid RICO claim and dismissed the RICO claim with prejudice. The doctor deserves attorney fees for being the prevailing party on the RICO claim.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: March 29, 2024, Case #: 7:22cv199, Categories: Health Care, Business Practices, 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