Alloy v. Miller — freecase.ai

Loading…

Full text

Dr. Jack ALLOY and Evelyn Alloy, husband and wife Dr. David Cohen and Celia Cohen, husband and wife David Finkelstein, M.D. and Rosalind Finkelstein, husband and wife Finkelstein and Smith, P.C., Pension Trust and Profit Sharing Trust Israel I. Freedman and Bertha Freedman, husband and wife Erika Goodman Laura Goodman Sherman Labovitz and Pauline Labovitz, husband and wife A. Harry Levitan and Elsie Levitan, husband and wife Judith Miller Max Millman and Lillian Millman, husband and wife Ruth Miner, individually and as and/or sole beneficiary of the Estate of Ethel K. Huckins, deceased Irma Ochroch Gertrude Rechtman Edward Rosenberg and Vivian Rosenberg, husband and wife Seymour Schotz, M.D. and Helen Schotz, husband and wife Dr. William B. Schwab and Anita Schwab, husband and wife Women's International League for Peace and Freedom, an Unincorporated Association Women's International League for Peace and Freedom, U.S. Section, and Unincorporated Association and Jack S. Zucker and Ann F. Zucker, husband and wife v. MILLER, Joseph Rush, William Rush, Howard Lazaroff, Alan and State Financial Corp., a Pennsylvania Corporation Miller, David P. Miller, Wendy Miller, Rima and Miller, Beth

Opinions in this case

Opinion
Majority — Hunteriii

[940] OPINION OF THE COURT JAMES HUNTER, III, Circuit Judge: The sole question presented by this appeal is whether the plaintiff in a civil action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968 (1982), must allege a nexus between the defendant and “organized crime.” The plaintiffs, investors in Willbet Enterprises, Inc. and State Financial Corporation, brought this action in the United States District Court for the Eastern District of Pennsylvania against State Financial and officers of both Willbet and State Financial. The complaint alleged that the defendants had violated section 1962(c) of RICO and the analogous provision of Florida’s RICO Act, Fla.Stat.Ann. 895.01-07, as well as the federal securities laws and various state laws, by engaging in a “Ponzi scheme” in connection with the sale of Will-bet and State Financial Securities. The district court dismissed with prejudice plaintiff’s RICO claims for failure to allege that the defendants were connected to organized crime. For the reasons stated in our decision today in Gilbert v. Prudential-Bache Securities, Inc., 769 F.2d 940 (3d Cir.1985), we will reverse the judgment of the district court and remand for further proceedings consistent with this opinion.