Stephen Ouwinga v. Benistar 419 Plan Services

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).