Here is today’s order list.
The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.
Indian country payday lenders
Second Circuit Affirms Scott Tucker Conviction
Here is the opinion in United States v. Grote:
Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity
Here is the petition in Neff v. United States:
Questions presented:
1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?Lower court materials here.
Ninth Circuit Materials in Consumer Financial Protection Board v. CashCall
Canadian First Nation’s Payday Lending Partners’ Convictions for RICO Violations in US Affirmed by Third Circuit
Here is the unpublished opinion in United States v. Neff:
Briefs:
Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]
Here are the materials in United States v. Neff:
Payday Lending Legal Malpractice Suit (Western Sky-Related)
ATL: “Katten Muchin Sued By Bottom-Feeding Former Client.”
Complaint in CashCall v. Katten Muchin Rosenman (Cal. Super Ct. — Orange County) here:
HT.
Georgia SCT Rules Against Western Sky
Here is the opinion in Western Sky Financial LLC v. State ex rel. Owens.
Substitute opinion in Western Sky Financial LLC v. State ex rel. Olens (PDF) (12-8-2016).
CashCall Responsible (Now) for Western Sky Loans
Here are the materials in Consumer Financial Protection Bureau v. CashCall (C.D. Cal.):
Federal Court Orders Arbitration in Western Sky-Related Debt, Just Not by the Tribe
Here are the materials in Banks v. CashCall (M.D. Fla.):
