Saris dismissed the racketeering claims on the grounds that for the case to be heard under the RICO Act, the alleged infractions must be ongoing and therefore carry a risk of future racketeering activity.<\/p>\n
\u201cThe adequately pleaded predicate acts all involve fraud on the [Massachusetts Gaming Commission] to secure the License,\u201d she wrote. \u201cThey comprised a single scheme, spanning somewhere between eighteen and twenty-four months, with the specific objective of securing the License for Wynn Resorts to build a destination casino at the Everett Site, and affecting a relatively narrow set of victims\u2026<\/p>\n
Under controlling First Circuit precedent, this is insufficient to establish closed continuity,\u201d she continued. \u201cTherefore, the Court finds that [Sterling’s] RICO claims fail because the Amended Complaint does not adequately allege the continuity necessary to satisfy the RICO statute’s pattern requirement.\u201d<\/p><\/blockquote>\n
But Saris dismissed Sterling\u2019s claims without prejudice so they could be taken up later in a state court, if Sterling chooses to do so.<\/p>\n
Equally, Saris said Wynn Resorts could try to block any state litigation under a Massachusetts law that protects those exercising their First Amendment right to petition the government \u2013 in this case, Wynn\u2019s pursuit of a gaming license.<\/p>\n","protected":false},"excerpt":{"rendered":"
A federal judge on Friday tossed a racketeering lawsuit filed against Wynn Resorts by the former owner of Suffolk Downs Racetrack, which lost the bid to build a casino in East Massachusetts in 2015. Sterling Suffolk Racecourse LLC sued Wynn Resorts and its former chairman and CEO, Steve Wynn, in September last year for $3 […]<\/p>\n","protected":false},"author":36,"featured_media":120054,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[14577,60],"tags":[],"acf":[],"yoast_head":"\n
Federal Judge Nixes Wynn Resorts Racketeering Case<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\n\n\t\n\t\n\t\n