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DEFALCO v. DIRIE

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


September 26, 1997

JOSEPH DEFALCO, ELEANOR DEFALCO, ROBERT BROWN, JANICE BROWN, TOP OF THE WORLD ESTATES, INC. and JOBO ASSOCIATES, INC., Plaintiffs, -against- WILLIAM DIRIE, JOHN BERNAS, JOHN BERNAS, INC., JML QUARRIES, INC.,
v.
EDWARD CURTIS, ALFRED STEPPICH, RICHARD FERBER, DONALD MECKLE, PAUL ROUIS, HARRY FISHER, and TERRY KELLY, Defendants.

The opinion of the court was delivered by: PARKER

MEMORANDUM DECISION AND ORDER

 Plaintiff Joseph DeFalco ("DeFalco") brought an action for violations of 18 U.S.C. § 1962(c), a provision of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §§ 1961-68 ("RICO") against various defendants claiming that his efforts to develop Top of the World Estates, Inc. ("the Project"), a real estate development in Sullivan County, New York, were illegally impeded as a result of the defendants' operation of the Town of Delaware, New York as a RICO enterprise. See 18 U.S.C. § 1962(c). After pretrial proceedings eliminated a number of defendants, DeFalco's claims against the eleven remaining defendants were tried to a jury between December 10 and December 20, 1996. The jury found that the Town of Delaware (the "Town") had operated as a RICO enterprise and that six of the defendants had conducted or participated in the affairs of the Town through a pattern of racketeering activity. *fn1" The jury found that each of the six committed two or more predicate acts and assessed monetary damages (prior to trebling) as follows: William Dirie $ 250,000 John Bernas $ 500,000 JML Quarries, Inc. $ 500,000 V. Edward Curtis $ 250,000 Paul Rouis $ 1,000,000 John Bernas, Inc. $ 0

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