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It’s not going to make him feel any better following the court defeat in the Florida election recounts, but at least David Boies can beat a couple of jockeys like a rented mule. Hall-of-fame horse racers Laffit Pincay Jr. and Chris McCarron are the latest to fall under the hoofs of the omnipresent litigator. Boies convinced the 9th U.S. Circuit Court of Appeals last week that it was too late for the pint-sized horsemen to get back any money allegedly stolen by a corrupt investment advisor. At stake was more money than you can shake a whip at — more than $5 million, five times the bonus for winning horse racing’s Triple Crown. In their suit, McCarron and Pincay accused their former investment advisors, Vincent Andrews Management Corp., of racketeering, including allegations that VAMC took fees from returns on investments it was not entitled to. A jury sided with the jockeys. But the case collapsed on the homestretch after Boies came to the rescue. On appeal, Judge Diarmuid O’Scannlain, backed by Judge Ferdinand Fernandez and Judge Johnnie Rawlinson, ruled that Pincay and McCarron should have known as far back as 1980 that they were being taken for a ride. The statute of limitations for RICO actions is four years. “Clearly, as of 1980, both Pincay and McCarron had ‘enough information to warrant an investigation’ into whether the ventures in which they were investing would result in more than 5 percent of their annual income finding its way into the wallet of [Vincent] Andrews,” O’Scannlain wrote. The ruling also apparently throws up in the air the jury award, which initially included close to $1 million in compensatory damages, $3.5 million in punitive damages, and $850,000 in attorney’s fees.

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