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International Floor Crafts, Inc v. Jane Dziemit

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Before Torruella, Stahl and Howard, Circuit Judges.

This trio of related appeals arises from a 2005 civil action brought by International Floor Crafts, Inc. (“IFC”) for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., and various Massachusetts state laws after IFC discovered a multi-million dollar fraudulent scheme being perpetrated against it by numerous individuals and entities. By mid-2008, only two defendants remained in the suit — David Adams, a former employee of IFC, and Jane Dziemit, an outside business woman. After a joint five-day trial, the jury returned a verdict against both Adams and Dziemit.

There are three appellate issues before the court, which involve only Dziemit and IFC.*fn1 Dziemit argues that the denial of her motion for judgment as a matter of law was in error and that the district court’s jury instruction on common law fraud was incorrect. IFC cross-appeals with respect to one state law claim it brought under the Massachusetts Consumer Protection Act, Mass. Gen. Laws ch. 93A (“Chapter 93A”), on which the district court refused to enter judgment. Lastly, Dziemit separately appeals the district court’s imposition of an appeal bond for $10,000. For the following reasons, we affirm the district court’s judgment against Dziemit and its imposition of the bond, and, at IFC’s request, we decline to rule on the Chapter 93A claim.

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