Pacific Shipyards International, LLC v. Tanadgusix Corp.

MEMORANDUM *

Pacific Shipyards International, LLC (“PSI”) appeals the district court’s dismissal of its action alleging that Tanadgusix Corporation (“TDX”) and Marisco Ltd. (“Marisco”) violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq., by using wire and mail fraud to purchase the surplus dry dock Ex-Convpetent purportedly for use in Alaska, but really to use in Hawaii in competition with PSI’s dry dock business there. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not err in finding that PSI lacked standing under RICO. Where, as here, the most direct victim of the defendants’ fraud is the government, PSI has not shown that its injuries were proximately caused by the defendants. See Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris Incorporated, 185 F.3d 957, 963 (9th Cir.1999) (noting that a crucial factor to consider in evaluating proximate cause is the difficulty in ascertaining “the amount of the plaintiffs damages attributable to defendant’s wrongful conduct”).

2. The district court did not err in finding that PSI had failed to allege a pattern of racketeering…