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CGC Holding Co., LLC v. Hutchens, 974 F.3d 1201, 1207 (10th Cir. Sept. 14, 2020)

Sep 14, 2020

The Tenth Circuit affirmed most aspects of this RICO class action judgment against participants in a fraudulent lending scheme. The court rejected a challenge to personal jurisdiction by one of the defendants who lived in Canada, concluding that defendant had sufficient minimum contacts with the United States based on her participation in the RICO conspiracy, which was directed at the United States and its citizens. However, the court vacated the district court’s order imposing a constructive trust on assets owned by non-parties to the case, and on real estate owned by the defendant in Canada, remanding with instructions to conduct a thorough tracing analysis to determine if the real estate was purchased with the class’s swindled fees.