Isaak v. Trumbull Savings & Loan Co.

169 F.3d 390
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 2, 1999
DocketNos. 97-4347, 97-4349 and 97-4350
StatusPublished
Cited by5 cases

This text of 169 F.3d 390 (Isaak v. Trumbull Savings & Loan Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Isaak v. Trumbull Savings & Loan Co., 169 F.3d 390 (6th Cir. 1999).

Opinion

CLAY, Circuit Judge.

Class Plaintiffs in these three consolidated actions appeal from the district court’s order dismissing with prejudice Plaintiffs’ Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., claims against the defendant banks on statute of limitations grounds, and dismissing without prejudice Plaintiffs’ pendent state law breach of contract claims. Plaintiffs constitute thousands of individuals who purchased and obtained installment loan financing for interests in two “to be developed” timeshare resorts in northern Ohio: Ponde-rosa Park and The Landing at Clay’s Park (collectively, the “Campgrounds”). Defendants are banks that entered into an agreement with the owners and developers of these resorts to provide on-site installment loans for individuals seeking to purchase interests in the resorts.

The district court found Plaintiffs’ claims barred by RICO’s four-year statute of limitations. On appeal, Plaintiffs argue: (i) that the district court improperly found that Plaintiffs had standing to bring a RICO cause of action as early as October 1988, when the Campgrounds filed for bankruptcy; and (ii) that the district court wrongly held that Plaintiffs discovered, or reasonably should have discovered, the source and existence of their injuries and a “pattern” for RICO purposes more than four years before the first complaint was filed on May 25,1993. We AFFIRM the district court’s grant of summary judgment for the reasons set forth below.

I.

A. Procedural Background

In 1993, Plaintiffs filed three class action complaints against Trumbull Savings and Loan Company (“Trumbull”), Cortland Savings and Banking Company (“Cortland”) and GEICO Financial Services, Inc. (“GEICO”), alleging civil violations of RICO.1 Plaintiffs in [393]*393these actions are represented by nine class representatives. Each representative was invited through the use of the wires or mails to tour the “to be developed” Campgrounds in 1986, 1987 or 1988, and purchased an interest in the Campgrounds on the day of the tour by executing a form contract entitled “Agreement For Deed.” In addition, each representative agreed to obtain installment loan financing being offered on-site through the defendant banks pursuant to installment loan contracts that were executed simultaneously with the purchase contracts.

In their complaints, Plaintiffs allege that the owners and operators of the Campgrounds, known as the LiVorio-Sabatini Group, engaged in a pattern of racketeering that injured Plaintiffs’ property interests in the Campgrounds, in violation of RICO. The complaints allege that the banks were liable in damages to Plaintiffs for participating in and conspiring in the LiVorio-Sabatini Group’s RICO violations.

After the close of discovery, the banks filed motions for summary judgment on all claims. In relevant part, the banks argued that Plaintiffs’ RICO claims were time-barred under the applicable four-year statute of limitations. The district court agreed and issued an order dismissing the RICO claims. First, the district court held that Plaintiffs’ RICO injuries were ascertainable and definable at the time Campgrounds filed for bankruptcy in October 1988. Second, the district court found that Plaintiffs had, or reasonably should have, discovered the existence and source of their injuries and the “pattern” for RICO purposes more than four years before the complaints were filed in 1993. Accordingly, the court dismissed with prejudice Plaintiffs’ federal RICO claims and dismissed without prejudice their state law claims for lack of supplemental jurisdiction. This appeal followed.

B. Factual Background

The parties do not dispute the basic facts regarding the LiVorio-Sabatini Group’s fraudulent “bust-out” scheme.2 Plaintiffs generally paid from $4,000 to $6,000 apiece for the purchase of an undivided l/750th interest in one phase of the Campgrounds. Each phase was an undeveloped, six-aere plot of land, and the overall property in which each plaintiff had an interest was described by metes and bounds in the Agreement For Deed entered into between Plaintiffs and the Campgrounds. Each Agreement For Deed promised that the “to be developed” Campgrounds would be a fully developed year-round timeshare campground operation. Upon payment of the total purchase price, the Campgrounds were required to deliver a warranty deed conveying title to Plaintiffs. The Agreements For Deed also required an annual fee for the maintenance and operation of the recreational facilities owned by the Campgrounds.

After the Group had partially developed the Campgrounds and obtained millions of dollars in purchase money loan proceeds and other membership sales proceeds, the Group then looted the Campgrounds of all capital necessary to complete and operate the Campgrounds. After only three years, the Campgrounds became insolvent and were placed into bankruptcy.

1. 1985-86: LiVorio-Sabatini Group commences “bust-out” scheme

In 1985, the LiVorio-Sabatini Group obtained from Bank One of Youngstown (Ohio) (“Bank One”) commercial financing for the purchase and development of the Campgrounds. Bank One and the LiVorio-Sabati-ni Group devised an installment financing plan to sell undivided interests in the Campgrounds. Following a tour of the Campgrounds, interested purchasers executed sales agreements (the Agreements For Deed) and installment financing contracts. [394]*394The resulting loan proceeds were then disbursed among the Group’s account and Bank One’s reserve accounts. Huge profits followed.

In order to execute the “bust-out” scheme, the Group first needed an influx of financing and an appearance of credit-worthiness. The Group obtained both by bribing two Bank One officials. After these officials touted the Campgrounds to their superiors, the Group received substantial commercial loans and an on-site installment loan facility through Bank One. The ensuing sales of interests in the Campgrounds helped further create the appearance of credit-worthiness and provided a quick infusion of cash into the business. The LiVorio-Sabatini Group was then able to proceed with its bust-out scheme. Once the Group obtained Plaintiffs’ money “up-front” as a result of financing obtained by Plaintiffs, it diverted the money from the Campgrounds. In 1985 and 1986, the Campgrounds generated more than $12 million in sales through the use of Bank One’s on-site installment loan program. The Campgrounds were under construction at this time.

However, in 1986, senior Bank One officials uncovered the fraud, finding that the LiVorio-Sabatini Group was draining the company. In July 1986, Bank One canceled its loan relationship with the Group, thus imperiling the continuation of the bust-out scheme.

2. 1986-87: Group obtains financing fi'om Trumbull, Cortland and GEICO

After Bank One canceled its financing agreement, in August 1986 the Group approached Trumbull seeking another lender to finance the Campgrounds interests. Plaintiffs allege that Trumbull agreed to finance an installment loan program even though it knew that the LiVorio-Sabatini Group could not guarantee the repayment of these loans.

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169 F.3d 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/isaak-v-trumbull-savings-loan-co-ca6-1999.