We posted the materials on this case here.
Here is the petition in Neff v. United States:
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.
ORDER (MCKEE, Chief and Circuit Judge) granting motions of the National Congress of the American Indians and Ben Nighthorse Campbell to file in support of the petition for rehearing. The Clerk is directed to file the briefs on the docket as statements in support of rehearing and circulate them to the full Court. No response by Appellant is required unless the court directs, filed. [13-2446, 13-2451] (TMK)
Third Circuit panel materials here.