ConocoPhillips Alaska, Inc. v. Wright et al

3:19-cv-00311Akd28 de jan. de 2022

Abrir fonte

Texto completo

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
CONOCOPHILLIPS ALASKA, INC.,
Plaintiff,
v.
FORREST WRIGHT, et al.,
Defendants.
Case No. 3:19-cv-00311-SLG
Lead Case
CONOCOPHILLIPS ALASKA, INC.,
Plaintiff,
v.
FORREST WRIGHT, et al.,
Defendants.
Case No. 3:20-cv-00072-SLG
FINAL JUDGMENT FOR CONOCOPHILLIPS ALASKA, INC. WITH RICO
TREBLE DAMAGES AGAINST FORREST WRIGHT, WRIGHT CAPITAL
INVESTMENTS, LLC AND DB OILFIELD SUPPORT SERVICES
Before the Court at Docket 124 is Plaintiff ConocoPhillips Alaska, Inc’s
Motion and Memorandum in Support of Motion for Entry of Final Judgment for
ConocoPhillips Alaska, Inc. with RICO Treble Damages Against Forrest Wright,
Wright Capital Investments, LLC and DB Oilfield Support Services. The Court has
duly considered the matter, with Default already entered on March 9, 2020 (Docket
53), Plaintiff having previously filed the Application for Default Judgment on May 1,
2020 (Docket 63), and the present Motion for Entry of Final Judgment filed on
January 27, 2022 (Docket 124).
Case 3:19-cv-00311-SLG Document 126 Filed 01/28/22 Page 1 of 3
Case No. 3:19-cv-00311-SLG, ConocoPhillips Alaska, Inc., v. Wright, et al.
Final Judgment for ConocoPhillips, Inc. with RICO Treble Damages Against Forrest Wright, Wright
Capital Investments, LLC and DB Oilfield Support Services
Page 2 of 3
IT IS HEREBY ORDERED that Final Default Judgment is entered jointly and
severally against Forrest Wright, Wright Capital Investments, LLC, and DB Oilfield
Support Services (collectively, “Defendants”) and in favor of ConocoPhillips Alaska,
Inc., for money and property obtained by Defendants through false pretenses, false
representations, actual fraud, and conspiracy, in the following amounts, together
with pre- and post-judgment interest as indicated:
a. Principal Amount $ 7,235,720.00
b. Less Amount Recovered to Date
$ -5,860,327.55
c. Difference - Damages $ 1,375,392.45
d. RICO Award (triples “c” above)1
$ 4,126,177.35
e. Total Damage Award (same as “d”)
$ 4,126,177.35
f. Prejudgment Interest2 $ 95,156.43
1 $1,375,392.45 x 3 = $4,126,177.35.
2 See Schneider v. County of San Diego, 285 F.3d 784, 789 (9th Cir. 2002). The award of
prejudgment interest under the RICO claim falls within the Court’s discretion. See Home Sav. Bank,
F.S.B. by Resolution Tr. Corp. v. Gillam, 952 F.2d 1152, 1161 (9th Cir. 1991) (“The award of
prejudgment interest in a case arising under federal law rests within the sound discretion of the
court.”). Here, in determining the amount to award, the Court elects to apply Alaska Statute
§ 09.30.070(a), under which the rate of interest is computed by adding three percentage points to
the Federal Reserve discount rate in effect on January 2 of the year in which the judgment is entered.
The discount rate in effect on January 2, 2022 was .25%; thus, the total interest rate is 3.25%, from
the date suit was filed, December 12, 2019. However, the Court finds prejudgment interest is
appropriate only as to the base amount of the damages award—the compensatory component—and
not as to the treble damages award, which is intended to be punitive in nature. See Alexander v.
Incway Corp., Case No. CV 11-8851 DSF (VBKx), 2013 WL 5603932, at *21 (C.D. Cal. Oct. 11,
2013), reversed in part on other grounds by Alexander v. Incway Corp., 633 Fed. App’x 472 (9th Cir.
2016).
Case 3:19-cv-00311-SLG Document 126 Filed 01/28/22 Page 2 of 3
Case No. 3:19-cv-00311-SLG, ConocoPhillips Alaska, Inc., v. Wright, et al.
Final Judgment for ConocoPhillips, Inc. with RICO Treble Damages Against Forrest Wright, Wright
Capital Investments, LLC and DB Oilfield Support Services
Page 3 of 3
g. Attorney’s Fees $ Waived
h. Total Judgment $ 4,221,333.78
In addition, post-judgment interest is awarded pursuant to 28 U.S.C. § 1961(a).
DATED this 28th day of January, 2022 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
Case 3:19-cv-00311-SLG Document 126 Filed 01/28/22 Page 3 of 3

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.