Plaintiff joined a suit alleging violations of state and federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961-68, laws against defendants. EMI Resorts and DMK appealed the district court's entry of an agreed order appointing a receiver-like "monitor" to oversee defendants' financial and business assets. The court held that because defendants failed to demonstrate facts sufficient to nullify their consent to the district court's appointment of the "monitor" and to its waiver of jurisdictional objections, the court declined to vacate the district court's order.
Posted in: Business Law, Corporate Compliance, Legal Ethics, Real Estate & Property Law, U.S. 11th Circuit Court of Appeals
This appeal involved a contract dispute between Bart Enterprises International, Ltd. (Bart Enterprises), and its assignees (Bart Group), and Walter Mercado Salinas (Mercado) where the contract described Bart Enterprises as being "in the business of producing and distributing entertainment programming," and described Mercado as "a well-known psychic and astrologer who provide[d] psychic and astrological counseling to the public." The court held that the district court did not err in denying the Bart Group's motion for a new trial on the issue of damages; the district court did not abuse its discretion by striking the Bart Group's six proposed expert witnesses; the district court did not abuse its discretion by refusing to grant the Bart Group a new trial on damages based on the sufficiency of the evidence; there was nothing wrong with the judge's closing comment; the district court did not err by denying the Bart Group's motion for judgment as a matter of law or in the alternative, to amend the judgment to include nominal damages; and because the court had determined that there were no errors constituting an abuse of discretion, there was no accumulation of error either. Accordingly, the court affirmed the judgment.
United States v. Bradley, Jr., et al.; United States v. Bradley, Jr., United States v. Bradley, III.; United States v. Tellechea; United States v. Bradley, III; United States v. Bradley, et al.
Martin J. Bradley III and his father, Martin J. Bradley, Jr. (collectively, the Bradleys), owned Bio-Med Plus, Inc. (Bio-Med), a Miami-based pharmaceutical wholesaler that purchased and sold blood-derivatives. This case stemmed from multiple schemes to defraud the Florida and California Medicaid programs by causing them to pay for blood-derivative medications more than once. The Government chose to prosecute the schemes and a grand jury indicted eight individuals, including Albert L. Tellechea, and two companies, Bio-Med, and Interland Associates, Inc. The Bradleys, Bio-Med, and Tellechea subsequently appealed their convictions and raised several issues on appeal. The court affirmed the Bradleys', Bio-Med's, and Tellechea's convictions, and Bradley III's and Bio-Med's sentences. The court vacated Bradley, Jr.'s sentences on Counts I and 54 and Tellechea's sentence on Count 3, and remanded those counts for resentencing. The court reversed the district court's October 4, 2006 order appointing the receiver and monitor, and its supplemental receivership order of May 17, 2007. The court finally held that, as soon as circumstances allowed, the receivership should be brought to an immediate close.
Posted in: Business Law, Constitutional Law, Corporate Compliance, Criminal Law, Health Law, Public Benefits, U.S. 11th Circuit Court of Appeals, White Collar Crime