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No. 12-1591
No. 12-1787
Appeals from the United States District Court for the Western
District of Virginia, at Lynchburg.
Norman K. Moon, Senior
District Judge. (6:11-cv-00035-NKM)
Argued:
Decided:
the
district
courts
order
and
remand
for
further
proceedings. 1
I.
Because
12(b)(6),
this
we
Complaint.
appeal
accept
the
stems
facts
from
as
dismissal
alleged
in
under
CVLRs
Rule
Amended
Wynne
held
out
Rivermont
as
bank
as
part
of
his
fraudulent
schemes,
many
of
which
targeted
women
in
J.A. 57.
first
President,
discuss
Crystal
the
schemes
Rivers.
In
that
late
involved
2006,
CVLR
Wynne
or
its
advertised
behalf
of
CVLR.
After
Rivers
contacted
Wynne,
Wynne
arranged
Old
for
financing.
transaction
Wynne
and
Dominion
then
arranged
National
proceeded
for
1650
to
Bank
to
cut
CVLR
Partners
to
provide
the
out
of
the
purchase
the
loan.
Wynne
also
told
the
financing
institution
that
name
without
knowledge.
truck.
her
but
added
it
to
Rivers
Thereafter,
insurance
Wynnes
son
policy
totaled
the
that Rivers was not the insured party and that the insurance
company should pay Wynne the value of the truck.
Thus, the
Because Rivers
believed that CVLR owned the riding center, she insured it, and,
when high winds damaged the riding centers barn, CVLR filed an
insurance claim.
issued checks jointly to CVLR and Old Dominion, the bank that
held the mortgage on the riding center.
the
wind
riding center.
damage
and
make
capital
additions
to
the
The
invoices
misrepresentations
the
Old
insurance
Dominion
that
company
led
Old
and
made
Dominion
to
checks
to
Wynnes
employee,
who
endorsed
the
checks
to
Rivermont.
By
October
Partners.
2008,
Rivers
had
become
member
of
1650
that
Rivermont
was
bank,
sought
financing
from
August
2006,
Wynne
convinced
Foster
to
execute
note
Wynne
home
was
subject
to
any
mortgage,
which
was
false
The bank
convince
the
increased
bank
her
to
open
credit
credit
line
score.
With
for
Marshs
Marsh,
which
credit
score
secured
South
by
mortgage
Carolina.
on
her
However,
Wynne
loan
for
approximately
18
months
property
on
arranged
Pawleys
for
the
he
ceased
making
court,
asserting
one
claim
for
violating
the
court
declined
to
exercise
supplemental
motion for relief from the dismissal, which the district court
denied.
7
III.
We review the district court's dismissal of CVLRs RICO
claim de novo.
imposes
racketeering
liberally
Boyle
v.
citations
civil
activity,
construed
United
to
States,
omitted).
liability
for
18
U.S.C.
effectuate
556
U.S.
Although
various
1962,
its
938,
[t]he
and
remedial
944
(2009)
occasion
for
types
of
should
be
purposes.
(internal
Congress
crime,
RICO
is
not
limited
in
application
to
organized crime. H.J. Inc. v. Nw. Bell Tel. Co., 492 U.S. 229,
248 (1989).
United
States
v.
Pryba,
900
F.2d
748
(4th
Cir.
See,
1990)
18 U.S.C. 1962(c).
To allege a
GE Inv.
in
the
Amended
Complaint
were
not
sufficiently
We disagree.
Id.
either
type
of
continuity,
CVLR
only
challenges
the
We find that
continuity
and
that
the
district
court
erred
by
concluding otherwise.
2
illustrative
establish
but
not
open-ended
exhaustiveof
continuity.
facts
One
that
example
would
involved
that
he
payment.
Id.
situations
where
will
at
return
242.
each
The
racketeering
month
two
acts
demanding
other
are
the
examples
part
of
an
same
involved
ongoing
Id.
analysis
overlooked
the
more
point
that
the
Id. at 241.
Wynne used Rivermont and 1650 Partners for over three years in a
series
of
racketeering
acts.
In
particular,
Rivermonts
in
the
complaint
support
an
Therefore, the
inference
that
the
v. Aboud, 313 F.3d 166, 182-83 (4th Cir. 2002) (three examples
of looting companies of assets prior to filing for bankruptcy
established open-ended continuity).
The
district
Complaint
fails
Appellees
point.
court
to
plead
racketeering
J.A.
104
also
concluded
open-ended
activity
(quoting
GE
that
the
continuity
had
Investment,
Amended
because
built-in
247
F.3d
the
ending
at
549).
victims
identified
in
the
Amended
Complaint
have
been
J.A. 105.
Again, we disagree.
The lack of a
Id.
Here, as explained
conduct
victims.
was
Thus,
the
to
be
limited
victims
to
only
the
identified
of
the
Appellees
discovery
continuity.
dismissal
on
Because
conclusion
the
to
district
the
court
contrary,
we
based
its
reverse
the
the
reasons
explained
above,
we
(1)
reverse
the
12