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Moore v. Guesno
Citation: 301 F. App'x 17Docket: No. 07-2463-cv
Court: Court of Appeals for the Second Circuit; November 30, 2008; Federal Appellate Court
David and Janette Moore appeal a dismissal of their civil RICO complaint by the United States District Court for the Western District of New York. The court dismissed their case on several grounds, including lack of standing, failure to allege a pattern of RICO activity, preclusion by the favorable termination rule of Heck v. Humphrey, failure to allege a RICO conspiracy, and lack of impact on interstate commerce. Janette Moore's claim of standing was rejected because she contended that she suffered injury to marital property due to David Moore's arrest, which led to a lost opportunity for an infomercial contract. However, they were not married when the contract was canceled, and her anticipated interest in any proceeds was deemed speculative, lacking the necessary basis for RICO standing. David Moore argued that he established a pattern of RICO activity based on several alleged predicate acts, including extortion related to overcharged parking tickets, witness intimidation in a child molestation case, and intimidation of a woman regarding a sexual assault complaint. However, these acts were found to be unrelated and insufficient to constitute a pattern of racketeering activity as required under RICO statutes. As a result, the appellate court affirmed the district court's dismissal of the Moores' claims, supporting the lower court's findings on all grounds.