Midwest Heritage Bank, FSB v. Northway

576 N.W.2d 588, 1998 Iowa Sup. LEXIS 52, 1998 WL 134241
CourtSupreme Court of Iowa
DecidedMarch 25, 1998
Docket96-1647
StatusPublished
Cited by7 cases

This text of 576 N.W.2d 588 (Midwest Heritage Bank, FSB v. Northway) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Midwest Heritage Bank, FSB v. Northway, 576 N.W.2d 588, 1998 Iowa Sup. LEXIS 52, 1998 WL 134241 (iowa 1998).

Opinions

ANDREASEN, Justice.

Leroy Northway appeal's from an adverse summary judgment ruling. Northway alleged in a counterclaim that Midwest Heritage Bank (Midwest) engaged in activities that violated 18 U.S.C. § 1962(c) (1995) of the Racketeer Influenced and Corrupt Organizations Act (RICO). We find there was no genuine issue of material fact and that summary judgment was appropriately granted. We affirm.

I. Background Facts and Proceedings.

In May 1993, Northway approached Midwest about obtaining Farmers Home Administration (FmHA) loan guarantees for construction of a calf nursery. Northway alleges Midwest told him to start construction of the facility and that it . would finance the construction in the event the FmHA did not guarantee the loans.

Midwest mailed an application for loan guarantees to the FmHA around the middle of September. Northway contends that Midwest misrepresented the nursery’s state of construction in the application by indicating construction of the nursery had not yet begun when in fact it was already under construction. Northway also maintains Midwest misrepresented his assets and liabilities in a financial statement prepared and sent to the FmHA in November 1993. He urges Midwest’s actions constitute mail fraud in violation of 19 U.S.C. § 1341. Midwest denies the allegations.

By December 1994, Northway had borrowed approximately $500,000 from Midwest. The loans were secured by real estate, livestock, machinery, and other personal property owned by Northway. In early February 1995, Midwest obtained loan guarantees from the FmHA in the amount of $270,000 for operating expenses associated with the nursery. Northway claims Midwest required part of the proceeds be applied to his preexisting debt as a condition of the loan. He argued this was a violation of the loan agreement and of federal regulations. He therefore refused to sign the agreement. North-way urges Midwest’s actions constitute fraud and misrepresentation.

Ultimately, Northway defaulted on the loans and Midwest began foreclosure proceedings against him. Northway counterclaimed in the foreclosure proceedings alleging Midwest’s actions violated RICO. On April 11, 1996, Midwest was granted partial summary judgment. Judge James W. Brown entered summary judgment on the notes securing the loans and granted foreclosure. However, the judgment was stayed because of the pending counterclaim. Judge Brown ruled Midwest had not sufficiently established an absence of material facts in its summary judgment petition in regard to the RICO counterclaim.

After additional discovery, Midwest filed a second motion for summary judgment. Northway resisted and a hearing was held on the matter before Judge David L. Christensen. Judge Christensen granted Midwest’s second motion for summary judgment on the RICO counterclaim. Northway appeals from the adverse ruling.

II. Scope of Review.

Our review of an order granting summary judgment is for correction of errors at law. Riley v. City of Hartley, 565 N.W.2d 344, 346 [590]*590(Iowa 1997). The party seeking summary judgment must show that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c). The record is reviewed in the light most favorable to the nonmoving party. Sautter v. Interstate Power Co., 563 N.W.2d 609, 611 (Iowa 1997).

III. RICO.

In our only decision involving RICO, we expressed our opinion that state courts likely had concurrent jurisdiction but we did not resolve the issue. United Cent. Bank of Des Moines, N.A. v. Kruse, 439 N.W.2d 849, 854 (Iowa 1989). Since Kruse was decided, the United States Supreme Court has resolved the issue in favor of concurrent jurisdiction. See Tafflin v. Levitt, 493 U.S. 455, 110 S.Ct. 792, 107 L.Ed.2d 887 (1990). This is our first opportunity to review a civil RICO claim.

RICO (codified at 18 U.S.C. §§ 1961-1968) imposes criminal and civil liability upon persons who engage in certain prohibited activity. A person found liable in a civil RICO action faces drastic penalties. H.J. Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 237, 109 S.Ct. 2893, 2899, 106 L.Ed.2d 195, 206 (1989). These penalties include treble damages, costs, and attorney’s fees. 18 U.S.C. § 1964(c). Civil RICO is a potent cause of action that has been called “the litigation equivalent of a thermonuclear device.” Miranda v. Ponce Fed. Bank, 948 F.2d 41, 44 (1st Cir.1991).

Although Northway alleged violations of four sections of RICO, he appeals only from the grant of summary judgment on his claim under section 1962(c). The statute provides:

It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.

18 U.S.C. § 1962(e).

A “pattern of racketeering activity” requires at least two acts of racketeering activity in the last ten years. Id. § 1961(5); H.J. Inc., 492 U.S. at 237, 109 S.Ct. at 2899, 106 L.Ed.2d at 206. Acts of racketeering are also known as predicate acts. Atlas Pile Driving Co. v. DiCon Fin. Co., 886 F.2d 986, 990 (8th Cir.1989). Only certain acts can be considered predicate acts. Qualifying acts are those listed in 18 U.S.C. § 1961(1).

IV. Enterprise.

Case law interpreting the requirements of section 1962(e) has held that the defendant of a RICO suit must be different fi*om the enterprise. Libertad v. Welch, 53 F.3d 428, 442 (1st Cir.1995); Jaguar Cars, Inc. v. Royal Oaks Motor Car Co., 46 F.3d 258, 268 (3d Cir.1995); Davis v. Mutual Life Ins. Co., 6 F.3d 367

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Midwest Heritage Bank, FSB v. Northway
576 N.W.2d 588 (Supreme Court of Iowa, 1998)

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Bluebook (online)
576 N.W.2d 588, 1998 Iowa Sup. LEXIS 52, 1998 WL 134241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midwest-heritage-bank-fsb-v-northway-iowa-1998.