Neibel
Neibel v. Trans World Assurance Co.
Opinion
Lead Opinion
Wallace, J.
Trans World Assurance (Trans World) appeals from a judgment following a jury trial in favor of John Neibel and twenty-one other plaintiff-appellees (Neibel) for violations of 18 U.S.C. § 1962 (d) of the Racketeer Influenced and Corrupt Organizations Act (RICO), common law fraud, and negligent misrepresentation. Trans World also challenges the jury’s state law punitive damage award, as well as the district court’s award of attorney’s fees and related expenses under 18 U.S.C. § 1964 (c). The district court had jurisdiction under 28 U.S.C. § 1331 . We have jurisdic *1126 tion over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.
I
This is not the first time that a tax scheme of Donald Fletcher and a conspiring insurance company has graced the pages of the Federal Reporter. See Davis v. Mutual Life Ins. Co. of New York, 6 F.3d 367 (6th Cir. 1993), cert. denied, 510 U.S. 1193 , 114 S.Ct. 1298 , 127 L.Ed.2d 650 (1994); Hofstetter v. Fletcher, 905 F.2d 897 (6th Cir.1988). Each time, the facts remain remarkably consistent.
Fletcher and his associates, who operated under the auspices of “Fletcher Insurance Associates” (FIA), preyed on what he called “Joe Lunch…
Concurrence in Part
Rymer, J.
concurring in part and dissenting in part:
I join the majority’s opinion except for its application of the Reves/Antar standard in Part III, since I can’t conclude on the facts before us that there was any evidence that Trans World conspired to participate in FIA’s management or operation.
As Judge Wallace observes, this is a difficult case under the Reves/Antar standard, which requires proof that Trans World conspired “to operate or manage an enterprise.” Reves v. Ernst & Young, 507 U.S. 170, 185 , 113 S.Ct. 1163, 1173 , 122 L.Ed.2d 525 (1993) (stating that the standard for violating § 1962(c) is “participation] in the operation or management of the enterprise itself’); United States v. Antar, 53 F.3d 568, 581 (3d Cir.1995) (setting the standard for conspiring to violate § 1962(c)). The majority concludes that there was circumstantial evidence that Trans World agreed to participate in operating the Fletcher enterprise in that Royals knew what FIA was doing, attended Fletcher’s tax seminars, approved altering the W-4 forms, told Fletcher that they would all “make money,” paid commissions to Fletcher’s insurance agents, and appeared to encourage Fletcher’s activities. I part…