RICO – Page 7 – Turtle Talk

“No one fights dirtier or more brutally than blood; only family knows its own weaknesses, the exact placement of the heart.” Whitney Otto, How to Make an American Quilt (1991). Whitney Otto’s quote seems a particularly apt description of the emotionally and politically charged litigation, occurring in multiple judicial venues, between the named parties, whom include the following.

Motions to dismiss were here.

Miccosukee’s responses were here.

Second amended complaint here.

Opening Eleventh Circuit Brief in Miccosukee v. Morgan Stanley

August 1, 2013Matthew L.M. Fletcher

Here:

Miccosukee Opening Brief

Lower court materials here.

Federal Court Enjoins Seneca Member-Owned “All Of Our Butts” from Selling Smokes in New York City

May 23, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in City of New York v. Gordon (S.D. N.Y.):

DCT Order Granting Injunction

City Motion for PI

Gordon Motion to Dismiss

An excerpt:

Plaintiff, the City of New York (“the City”), brought this action seeking injunctive relief, penalties, and damages for violations of the Prevent All Cigarette Trafficking Act (“PACT Act”), 15 U.S.C. § 375 et seq.; the Contraband Cigarette Trafficking Act (“CCTA”), 18 U.S.C. § 2341 et seq.; the Cigarette Marketing Standards Act (“CMSA”), N.Y. Tax L. § 483 et seq.; and the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq. The City has moved for a preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, enjoining Defendants Robert and Marcia Gordon (together “the Gordon Defendants”) from violating the PACT Act and the CMSA; and Defendants Marcia Gordon and Regional Integrated Logistics, Inc. d/b/a Regional Parcel Services (“RPS”) from violating the CCTA. Defendants have moved to dismiss the case for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons that follow, the City’s motion for a preliminary injunction is GRANTED, and the Defendants’ motions to dismiss are DENIED.

Federal Court Grants Morgan Stanley Motion to Compel Arbitration in Cypress RICO Suit

May 20, 2013May 19, 2013Matthew L.M. Fletcher3 Comments

Here are the materials in Miccosukee Tribe v. Cypress (S.D. Fla.):

DCT Order Granting Morgan Stanley Motion

Morgan Stanley Motion to Dismiss

Miccosukee Opposition to Morgan Stanley Motion

Morgan Stanley Reply

Interesting question, whether the arbitration agreement signed by the former tribal chairman who now faces RICO charges from the tribe is valid or void ab initio. From the opinion:

Plaintiff, in opposition to being compelled to arbitrate its claims against Morgan Stanley Smith Barney, contends that Defendant Cypress, as the main co-conspirator in embezzling and misappropriating millions of dollars of the Miccosukee Tribe’s funds for his personal gain, was without authority to bind the Miccosukee Tribe, absent the knowledge and consent of the Miccosukee Tribe’s General Counsel, to arbitration, which effectively closes the federal courthouse doors to its claims against Morgan Stanley Smith Barney.

But the court rejected the argument: