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Judge: Resort lawsuit can go on, but no RICO claim

Matthew Brown | Hagadone News Network | UPDATED 13 years, 7 months AGO
by Matthew Brown
| April 2, 2011 9:00 PM

BILLINGS, Mont. - A federal judge in Idaho ruled that Credit Suisse can be sued by property owners over loans the international banking giant made to luxury resorts that went broke. The judge also dismissed a racketeering claim against Credit Suisse in the multibillion-dollar case.

The ruling Thursday by Judge Edward Lodge in Boise means plaintiffs would not be eligible for triple damages as allowed in civil racketeering lawsuits. Lodge allowed the plaintiffs to proceed on claims for $8 billion in alleged damages.

The judge left the door open for a revival of the racketeering claim if attorneys can show Credit Suisse's actions directly harmed plaintiffs, a requirement he said they had failed to prove thus far.

The lawsuit claims Credit Suisse set up an offshore branch to skirt U.S. rules, appraise resorts at inflated prices, provide loans the properties could not repay then ultimately foreclose on the resorts.

The properties included Idaho's Tamarack Resort, Montana's Yellowstone Club, Nevada's Lake Las Vegas resort and the Ginn Sur Mer Resort in the Bahamas.

Attorneys for the plaintiffs issued a statement in response to Lodge's ruling, saying the actions by Credit Suisse were an example of the greed that drove the country into the recession.

"We're looking forward to hearing how these folks explain their behavior," said John Flood, a Houston attorney for the plaintiffs.

Plaintiffs' attorney Michael Flynn said the case would be amended to include the developers of the resorts as parties that suffered direct harm from Credit Suisse.

Duncan King, a spokesman for Credit Suisse, pointed out that the judge dismissed more than half the claims against the firm, including allegations of fraud, negligence and the racketeering claim.

Counts of conspiracy, interference and breach of fiduciary duty were not dismissed, although Lodge said the breach of fiduciary duty claim "barely survives."

"We remain confident that those (counts) that remain are without merit and intend to vigorously defend them," King said.

The real estate consulting firm Cushman and Wakefield, which provided Credit Suisse with the disputed appraisals, is also a defendant in the case.

Lodge's order dismissed the claims against Cushman and Wakefield but said the plaintiffs could amend their complaint if they want to revive those allegations.

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