Garber

A. Farber & Partners, Inc. v. Garber

Good Law
305 F. App'x 489
United States Court of Appeals for the Ninth CircuitDecember 31, 2008Nos. 07-55004, 07-55856California542 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant A. Farber & Partners, Inc. (the “Receiver”) was appointed interim re *491 ceiver over the assets of Salim Damji and Strategic Trading Systems Instant White (“STS”) by an order issued by the Ontario Superior Court of Justice. The Receiver’s appointment followed a Canadian class action by a group of investors against Damji for fraud. Acting under the order, the Receiver brought this RICO action against Maynard Garber and the other defendants. The Receiver now appeals the district court’s order granting summary judgment on the ground that the Receiver lacked standing to bring a RICO action.

Under RICO’s civil suit provision, “any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district.” 18 U.S.C. § 1964 (c). The Receiver has alleged that the defendants violated several provisions of § 1962 as part of a large-scale money laundering scheme that involved transfers of approximately $34 million out of Canada to various straw companies and illegal gambling operations. The only issue before this court is whether the Receiver has standing under 18 U.S.C. § 1964 (c)…

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