Sixth Circuit· 9/19/2012

Stephen Ouwinga v. Benistar 419 Plan Services

Citations

694 F.3d 783
54 Employee Benefits Cas. (BNA) 2128
2012 WL 4096145
2012 U.S. App. LEXIS 19632

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that RICO defendants must have “conducted or participated in the conduct of the ‘enterprise’s affairs,’ not just their own affairs.”
holding that alleged fraud involved a tax scheme, not a securities scheme, where “securities transactions [were] only incidental to any underlying fraud.”
holding that allegation of enterprise’s existence for “at least five years” satisfied longevity
finding acts had same purpose of misrepresenting tax consequences of plan, were directed at the plaintiffs, and were made through the same participants
\ Fowler makes clear that knowingly carrying out the orders of the enterprise satisfies the \operation or management\ test.\
“RICO liability is not limited to those with primary responsibility for the enterprise’s affairs; only ‘some part’ in directing the enterprise’s affairs is required.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Suhrheinrich, Stranch, Donald

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Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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