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Hammock v. Moving State to State LLC

Guilty Plea Does Not Establish Liability in Civil Action Over Fraud by Moving Companies

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MEMORANDUM AND ORDER Plaintiffs allege that they were victimized by a fraud scheme in which defendants would contract to provide moving services and then demand additional payment from customers after their belongings had been loaded into the moving truck or van. They bring claims under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, 18 U.S.C. §§1961-1968, and New York law. After plaintiffs filed suit, defendants Yarin Nadel and Michael Nadel pleaded guilty to conspiracy to commit wire fraud in connection with a fraudulent scheme involving their moving companies. Plaintiffs now move for summary judgment, arguing that defendants’ guilty pleas establish their liability in this civil action. But plaintiffs have not established that defendants pleaded guilty to conduct that involved the plaintiffs. Accordingly, the motion is denied. BACKGROUND The Court assumes familiarity with the facts of this case. In short, defendants operated an interstate moving business. Fourth Am. Compl. (“FAC”) 2 (Dkt. #65). According to the complaint, defendants had a practice of loading property into moving trucks and then demanding extra payment. Id. at

36-37. When customers refused to pay, defendants placed the items in storage and threatened to sell the items at auction. Id. at

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