Judge dismisses 9 counts against bank of abetting fraud
Judge
Dales wrote in his opinion that "
The judge also dismissed bank Director
"It's great news for us; the most egregious of the claims are dismissed,"
Dales allowed claims of a RICO conspiracy to stand, indicating that the complaint against the bank made a plausible case for racketeering, which could potentially go to trial. He wrote that the allegations of a hierarchy with Khan as "the mastermind," who determined the timing of the deposits and withdrawals as well as the duration of the scheme and the "persistent disregard of the countless red flags," allow the court to regard as plausible the existence of a conspiratorial agreement.
"The role of the Lake City Defendants was admittedly more passive and subordinate, with Findlay, for example, allegedly keeping a lookout for the overdraft alerts and when they regularly arrived, using his positional power within
The judge's order gives trustee
"Accordingly, nothing in today's opinion should be read as forecasting success at trial," Dales wrote. "The parties have a long path ahead."
'The real victims'
Iammartino alleges that Khan, the former owner of
Khan filed for bankruptcy after
He carried out the scheme starting in 2011, using a cycle of check deposits and withdrawals from IOI accounts at Lake City and other banks, according to the trustee's allegations. The amounts eventually reached as high as
Khan transferred more than
"According to the (second amended complaint),
Findlay also claimed
According to a statement from
"Nearly four years after Khan admitted to the kiting scheme, no law enforcement agencies have accused
The statement says the judge's decision significantly narrows the scope of the trustee's "overly broad and legally and factually insufficient" claims, and shows the court acknowledges that the bank will have several strong defenses if the trustee "decides to continue pursuing this meritless case, despite having failed – over three complaints spanning two years – to provide evidence to support its allegations."
Findlay characterized the lawsuit as an attempt to intimidate
"With two hands legally and procedurally tied behind our back, the bank knocked out the greatest alleged exposure at the very beginning of the judicial process," Findlay said in the statement from the bank. "At this early stage, the trustee benefits from the legal position that requires the court to presume that all allegations as plead are true. Despite this favorable presumption, the court agreed with the bank's argument and dismissed four counts from the complaint that sought recovery of
"This false pursuit of
A request for comment was sent to Iammartino and his attorneys.
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