Cheyenne and Arapaho Tribes v. Wandrie Harjo et al

Filing 50

ORDER that Plaintiff shall file a RICO statement within 21 days. Signed by Honorable Timothy D. DeGiusti on 8/3/2016. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHEYENNE AND ARAPAHO TRIBES,
Plaintiff,
v.
LESLIE WANDRIE-HARJO, et al.,
Defendants.

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Case No. CIV-15-262-D

ORDER
If the RICO claim in this case is to be pursued, Plaintiff shall file a RICO case
statement within 21 days from the date of this Order. This statement shall include the facts
that Plaintiff is relying upon to state a RICO claim as a result of the “reasonable inquiry”
required by Rule 11 of the Federal Rules of Civil Procedure. In particular, the statement
shall be in a form which uses the numbers and letters as set forth below, and shall state in
detail and with specificity the following information:
1.

State whether the alleged unlawful conduct is in violation of 18 U.S.C.

§ 1962(a), (b), (c) and/or (d).
2.

State the alleged misconduct and basis of liability of Defendant Leslie

Wandrie-Harjo.
3.

List the alleged wrongdoers, if any, other than Defendant Wandrie-Harjo, and

state the alleged misconduct of each wrongdoer.
4.

List the alleged victims and state how each victim was allegedly injured.

5.

Describe in detail the pattern of racketeering activity. The description shall

include the following information:

a.

List the alleged predicate acts and the specific statutes that were

allegedly violated;
b.

Provide the dates of the predicate acts, and a description of the facts

surrounding the predicate acts;
c.

If the RICO claim is based on the predicate offenses of wire fraud or

mail fraud, the “circumstances constituting fraud or mistake shall be stated
with particularity.” Fed. R. Civ. P. 9(b). Identify the time, place, and contents
of the alleged misrepresentations and the identity of persons to whom and by
whom the alleged misrepresentations were made;
d.

State whether there has been a criminal conviction for violation of the

predicate acts;
e.

State whether civil litigation has resulted in a judgment in regard to the

predicate acts;
f.

Describe how the predicate acts form a “pattern of racketeering

activity;” and
g.

State whether the alleged predicate acts relate to each other as part of

a common plan. If so, describe in detail.
6.

Describe in detail the alleged enterprise for the RICO claim. The description

shall include the following information:
a.

State the names of the individuals, partnerships, corporations,

associations, or other legal entities, that allegedly constitute the enterprise;
b.

Describe the structure, purpose, function, and course of conduct of the

enterprise;
c.

State whether Defendant and any other alleged wrongdoers are

employees, officers or directors of the alleged enterprise;
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d.

State whether Defendant and any other alleged wrongdoers are

associated with the alleged enterprise;
e.

State whether Defendant and any other alleged wrongdoers are

individuals or entities separate from the alleged enterprise, or the enterprise
itself, or members of the enterprise; and
f.

If Defendant and any other alleged wrongdoers are alleged to be the

enterprise itself or members of the enterprise, explain whether such persons are
perpetrators, passive instruments, or victims of the alleged racketeering
activity.
7.

State and describe in detail whether the pattern of racketeering activity and the

enterprise are separate or have merged into one entity.
8.

Describe the alleged relationship between the activities of the enterprise and

the pattern of racketeering activity. Discuss how the racketeering activity differs from the
usual and daily activities of the enterprise, if at all.
9.

Describe what benefits, if any, the alleged enterprise receives from the alleged

pattern of racketeering.
10.

Describe the effect of the activities of the enterprise on interstate or foreign

commerce.
11.

If a violation of 18 U.S.C. § 1962(a) is alleged, provide the following

information:
a.

State who received the income derived from the pattern of racketeering

activity; and
b.
12.

Describe the use or investment of such income.

If a violation of 18 U.S.C. § 1962(b) is alleged, describe in detail the

acquisition or maintenance of any interest in or control of the alleged enterprise.
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13.

If a violation of 18 U.S.C. § 1962(c) is alleged, provide the following

information:
a.

State who is employed by or associated with the enterprise; and

b.

State whether the same entity is both the liable “person” and the

“enterprise” under § 1962(c).
14.

If a violation of 18 U.S.C. § 1962(d) is alleged, describe in detail the alleged

conspiracy.
15.

Describe the alleged injury to business or property.

16.

Describe the direct casual relationship between the alleged injury and the

violation of § 1962.
17.

List the damages sustained by reason of the violation of § 1962.

IT IS SO ORDERED this 3rd day of August, 2016.

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