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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA - page 22 / 38

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The Supreme Court recently outlined the factors to consider in deciding whether an

“association in fact” enterprise structure is properly alleged: “[s]uch a[n] [association-in-fact

enterprise] need not have a hierarchical structure or a ‘chain of command’; decisions may be made

on an ad hoc basis and by any number of methods...” Boyle v. United States, 129 S.Ct. 2237, 2245

(2009). However, “[v]ague allegations of a RICO enterprise made up of a string of participants...

lacking anydistinct existence and structure” will not suffice. VanDenBroeck v. Commonpoint Mort.

Co., 210 F.3d 696, 700 (6th Cir. 2000).

In this case, the alleged “association in fact” enterprise consisting of Commonwealth Land

and its title agents more than satisfies the Boyle standard because there in fact is a hierarchical

structure. While some decisions may be made on an ad hoc basis at a settlement, the contractual

relationship between Defendant and the title agents and statutoryregulations standardize the methods

used at closing. Defendant has allegedly used the “association in fact” enterprise to overcharge for

title insurance and to mislead the purchaser into believing that a correct amount was being paid.

Moreover, Plaintiffs satisfythe first two prongs of Turkette because the Amended RICO Case

Statement sufficiently outlines the structure of a racketeering enterprise. Plaintiffs allege that the

relationship between Defendant and its title agents is governed by an agency agreement and that

Defendant is the principal in the enterprise because it provides title insurance policies. The title

agents act in furtherance of the fraudulent scheme to overcharge insurance purchasers because the

title agents simultaneously act as settlement agents at closing. (Pl. Am. RICO St., 6-7.)

In addition, the Amended Complaint contains adequate details of the alleged organization

formed between Commonwealth Land and the title/settlement agents under the agency agreement.

Plaintiffs allege that the Enterprise exists to advance the interests of the individual entities that make

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