Adams v. United States

20 Cl. Ct. 132, 1990 U.S. Claims LEXIS 107, 1990 WL 42978
CourtUnited States Court of Claims
DecidedApril 12, 1990
DocketNo. 55-89C
StatusPublished
Cited by41 cases

This text of 20 Cl. Ct. 132 (Adams v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adams v. United States, 20 Cl. Ct. 132, 1990 U.S. Claims LEXIS 107, 1990 WL 42978 (cc 1990).

Opinion

OPINION

RADER, Judge.

The 66 named plaintiffs allege that the Central Intelligence Agency (the CIA) took their private property for public use. Plaintiffs delivered money to an investment banking firm purportedly operated or maintained by the CIA. Thus, plaintiffs contend that the CIA used their money to fund intelligence activities. According to plaintiffs, negligent operation or supervision of the investment firm by the CIA proximately caused the firm’s insolvency and the consequent loss of plaintiffs’ investments.

Defendant now moves for summary judgment. Specifically, defendant contends that this court lacks jurisdiction because plaintiffs’ complaint sounds in tort. In the alternative, defendant argues that plaintiffs’ complaint does not state a takings claim. Defendant contends that plaintiff does not allege lawful Government action, a prerequisite for just compensation under the fifth amendment to the United States Constitution.

This court dismisses plaintiffs’ complaint for lack of jurisdiction. Plaintiffs’ complaint also fails to state a compensable claim.

[133]*133FACTS1

On October 11, 1978, Ronald Rewald and Sunlin Wong incorporated the investment banking firm of Bishop, Baldwin, Rewald, Dillingham, and Wong (Bishop, Baldwin) in Honolulu, Hawaii. At the request of the CIA, Rewald formed Bishop, Baldwin either to finance intelligence operations through the use of customers’ money or to serve as a cover for intelligence activities.2

Rewald and Wong each held fifty percent of the firm’s stock. Rewald served as chairman of the board, vice president, and treasurer. Wong was vice president and served as a director.

Bishop, Baldwin represented itself as one of Hawaii’s oldest and largest investment firms. The firm purported to deal only in non-risk investments. Bishop, Baldwin claimed that the Federal Deposit Insurance Corporation guaranteed a customer’s account up to $150,000.00. Further, the firm’s literature guaranteed investors a minimum return of twenty percent on their investments.

Between 1978 and 1983, Bishop, Baldwin received more than $20 million from investors. Plaintiffs collectively purchased over $5 million in investment contract securities from the firm. Plaintiffs’ investments ranged from $3,500.00 to $2,189,227.22.

On August 4,1983, five creditors of Bishop, Baldwin filed a petition for involuntary bankruptcy in federal district court against the firm. Matter of Bishop, Baldwin, Re-wald, Dillingham & Wong, 779 F.2d 471 (9th Cir.1985). The creditors alleged that the firm had not paid its debts. Consequently, on August 5, the trustee in bankruptcy appointed by the court filed a complaint against Rewald. The trustee sought to impose a constructive trust on all of Rewald’s assets. The trustee contended that Rewald acquired those assets by misappropriating Bishop, Baldwin funds.

On August 8, 1983, state authorities arrested Rewald for theft by deception. On the same date, the Securities and Exchange Commission (SEC) filed suit against Re-wald in federal district court. The SEC sought to enjoin Rewald from dissipating Bishop, Baldwin assets. The district court granted the SEC’s motion.

After hearing arguments on August 15 and 16, 1983, the district court conducting the bankruptcy proceedings enjoined Re-wald from disposing of any of his assets. The court found that Rewald and Wong operated a “Ponzi Scheme” where Bishop, Baldwin met their obligations to earlier investors with new investors’ funds. This scheme, of course, only appears to work as long as the investor pool grows. The district court subsequently granted summary judgment for the creditors and the trustee in bankruptcy. Id.

On August 30, 1984, The United States Attorney’s office in Hawaii filed a 100-count indictment against Rewald. Among other things, the Grand Jury charged Re-wald with mail fraud, 18 U.S.C. § 1341 (1988), securities fraud, 15 U.S.C. § 77q(a) (1988), and fraud by an investment adviser, 15 U.S.C. § 80b-6 (1988). After an eleven-week criminal trial in 1985, a jury convicted Rewald of 94 of the indictment’s 98 counts. On December 10, 1985, the district court [134]*134sentenced Rewald to 80 years in prison. Wong pled guilty to multiple criminal violations.

On January 31, 1989, plaintiffs filed this action in the United States Claims Court. Plaintiffs allege that the CIA negligently operated or supervised Bishop, Baldwin. According to plaintiffs, the CIA’s negligent actions constituted a taking of private property without just compensation in violation of the fifth amendment to the United States Constitution.

Defendant moved for summary judgment. Defendant’s motion, however, in fact asks this court to dismiss this case for lack of jurisdiction or for failure to state a claim.

This court held oral argument on defendant’s motion on March 29, 1990. After hearing oral argument, this court concluded that plaintiffs could not prove any set of facts that would show a claim cognizable in the Claims Court. Thus, this court dismisses plaintiffs’ complaint.

DISCUSSION

When evaluating motions to dismiss — either for lack of subject matter jurisdiction or for failure to state a claim upon which relief can be granted — this court must accept the allegations made by plaintiff as true. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1976) (subject matter jurisdiction); Featheringill v. United States, 217 Ct.Cl. 24, 26 (1978) (failure to state a claim). This court considered separately each of plaintiffs’ allegations.

At oral argument, plaintiffs’ counsel set forth three possible scenarios which could entitle plaintiffs to relief. First, the CIA negligently supervised the activities of Bishop, Baldwin. Specifically, the CIA negligently hired and failed to supervise managers with criminal propensities. Under the second scenario, the CIA used Bishop, Baldwin to obtain funds for use in intelligence operations. Under the final scenario, the CIA created the investment firm as a cover and plaintiffs lost investments due to a natural downturn of the market.

None of these scenarios, however, give rise to a claim cognizable in the Claims Court. In the first scenario, the Claims Court has no jurisdiction to adjudicate negligence actions. For different reasons, both the second and third scenarios do not state a takings claim under the fifth amendment. Because none of plaintiffs’ possible scenarios give rise to an action cognizable in the Claims Court, this court must dismiss plaintiffs’ complaint.

Negligence: Lack of Jurisdiction

Under plaintiffs’ first scenario supporting recovery, this court assumed that the CIA breached a duty of care by negligently hiring Bishop, Baldwin management and by negligently failing to supervise the firm’s operations.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Cl. Ct. 132, 1990 U.S. Claims LEXIS 107, 1990 WL 42978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-united-states-cc-1990.