United States Second Circuit

In a civil RICO conspiracy and common law fraud action alleging defendants falsely attributed bottles of wine to Thomas Jefferson's collection, judgment for defendants is affirmed, where plaintiff's claims were time barred, because: 1) although plaintiff was on notice of his alleged claims in 2000, he did not investigate his claims until 2005 or enter into a tolling agreement with defendants until 2008 so the statute of limitations had run on both the RICO and fraud claims, and 2) the doctrine of equitable tolling was not available where plaintiff was not reasonably diligent in investigating his claims.

Appellate Information

• Decided 10/04/2012
• Published 10/04/2012

Judges

• KOELTL

Court

• United States Second Circuit

Counsel