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.



Club Vita Strengthens Canadian Team to Support Continued Growth
Life in prison for Silicon Valley's biggest con artist — Elizabeth Holmes
Advisor News
- IRS CEO FRANK J. BISIGNANO VISITS OHIO TO TOUT WORKING FAMILIES TAX CUTS PROVISIONS ON NO TAX ON CAR LOAN INTEREST, NO TAX ON OVERTIME, ENHANCED DEDUCTION FOR SENIOR CITIZENS
- The hidden flaw in insurance AI adoption for advisors and carriers
- Rising healthcare costs impact 401(k) accounts
- What advisors think about pooled employer plans, alternative investments
- AI, stablecoins and private market expansion may reshape financial services by 2030
More Advisor NewsAnnuity News
- How annuities can help protect retirees from financial scams
- MetLife Inc. (NYSE: MET) Climbs to New 52-Week High
- The Standard and Pacific Guardian Life Announce Entry into Agreement to Transition Individual Annuities Business
- AuguStar Retirement launches StarStream Variable Annuity
- Prismic Life Announces Completion of Oversubscribed Capital Raise
More Annuity NewsHealth/Employee Benefits News
- Trademark Application for “EVERYDAY INCREDIBLE” Filed by SSM Health Care Corporation: SSM Health Care Corporation
- Soaring Healthcare Costs Put California School Districts And Teachers At Odds
- Ban on some insurance prior authorizations expected to cut red tape
- Commentary: United States may be best place to build universal healthcare
- Bay Area braces for Trump’s tougher CalFresh rules
More Health/Employee Benefits NewsLife Insurance News
- Bowie insurance agent indicted on felony theft, fraud charges
- Bowie insurance salesman indicted in connection with fraud, felony theft
- Judge sends Greg Lindberg back to federal prison for fraud, bribery
- Kansas official running for governor received $300K in donations before key decision
- Investigators say C.R. man's life insurance claims for 3 children were fraudulent
More Life Insurance News