Judge Denise Cote
In 2000 Fastener Dimension’s president Hinkle hired Tumminia to manage an employee benefit plan (Plan). Over six years Tumminia and coconspirators Feuer, Mannarino and Boha—Fastener’s controller—stole $3 million of Plan funds. Tumminia, Feuer and Mannarino pleaded guilty to conspiracy to commit wire fraud. Controller Boha died in 2012. Fastener’s third amended complaint (TAC) alleged, among other things, that Tumminia remodeled Boha’s apartment as compensation for her participation in the theft. Tumminia also allegedly repeatedly deposited funds from Fastener’s account into bank accounts used by Mannarino and his company. District court denied motions by Mannarino and the administrator of Boha’s estate to dismiss the Fastener’s lawsuit, rejecting their assertion that the TAC inadequately alleged its two RICO causes of action as to Boha and Mannarino. Given that Boha had complete control of Fastener’s finances and that she was rewarded by Tumminia for her participation in the conspiracy, it was natural to infer that her participation was knowing and intentional. Mannarino’s arguments suffered from similar flaws.
