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BANKERS TRUST CO. v. FELDESMAN

No. 82 Civ. 5590 (WCC).

566 F.Supp. 1235 (1983)

BANKERS TRUST COMPANY, Plaintiff, v. Walter FELDESMAN, Daniel Rhoades, Herman Soifer, Milton Braten, Brookfield Clothes, Inc., Brookfield Industries, Inc., Bennington Court Ltd., Braxton Ltd., Aura By Laurie, Ltd., Erwin Commercial Corp., Michael B. Marks, Inc., Timely Textiles, Inc., Todd Equipment Leasing Co., Inc., Capital Aid Corporation and "John Does Nos. 1-50," Defendants.

United States District Court, S.D. New York.

June 29, 1983.

Attorney(s) appearing for the Case

Moses & Singer, New York City, for plaintiff; David B. Eizenman, David Rabinowitz, Ira Schreck, New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendant Herman Soifer; Joel W. Sternman, Grace Goodman, New York City, of counsel.

Bernstein & Obstfeld, P.C., New York City, for defendants Daniel Rhoades, Milton Braten, Brookfield Industries, Inc., Bennington Court, Ltd., Braxton Ltd., Aura By Laurie, Ltd., Erwin Commercial Corp., Michael B. Marks, Inc., Timely Textiles, Inc., Todd Equipment Leasing Co., Inc. and Capital Aid Corp.

OPINION AND ORDER

CONNER, District Judge.

Perhaps enticed by the lure of a treble damage recovery, private litigants have attempted increasingly to utilize the civil remedies1 of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., in a variety of factual settings ostensibly within the broadly-worded provisions of the statute but arguably far beyond the original contemplation...

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