City of Miami v. Wells Fargo & CO | 11th Cir. - engaged in a decade-long pattern of discriminatory lending in the residential housing market that caused the City economic harm...a claim arising under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq.,

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City of Miami v. Wells Fargo & CO | 11th Cir. – engaged in a decade-long pattern of discriminatory lending in the residential housing market that caused the City economic harm…a claim arising under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq.,

City of Miami v. Wells Fargo & CO | 11th Cir. – engaged in a decade-long pattern of discriminatory lending in the residential housing market that caused the City economic harm…a claim arising under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq.,

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 14-14544

D.C. Docket No. 1:13-cv-24508-WPD

CITY OF MIAMI, a Florida municipal corporation, Plaintiff – Appellant,

versus

WELLS FARGO & CO., WELLS FARGO BANK, N.A., Defendants – Appellees.

Appeals from the United States District Court for the Southern District of Florida
(September 1, 2015)

Before MARCUS and WILSON, Circuit Judges, and SCHLESINGER,* District Judge.

MARCUS, Circuit Judge:

On December 13, 2011, the City of Miami brought three separate fair housing lawsuits against Wells Fargo, Bank of America, and Citigroup. Each alleged that the bank in question had engaged in a decade-long pattern of discriminatory lending by targeting minorities for predatory loans. The complaints in each case were largely identical, each identifying the same pattern of behavior and supported by empirical data specific to each defendant. Moreover, each complaint contained the same two causes of action: one claim arising under the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., as well as an attendant unjust enrichment claim under Florida law.

The three cases were heard by the same judge in the Southern District of Florida, and were resolved in the same way based on the district court’s order in the Bank of America case. In this case, like the others, the district court dismissed the City’s FHA claim with prejudice on three grounds: the City lacked statutory standing under the FHA because its alleged injuries fell outside the statute’s “zone of interests”; the City had not adequately pled that Wells Fargo’s conduct proximately caused the harm sustained by the City; and, finally, the City had run afoul of the statute of limitations and could not employ the continuing violation doctrine. Each of the three cases was appealed separately.

After thorough review, we are constrained to disagree with the district court’s legal conclusions about the City’s FHA claims. The most detailed account of our reasoning is set out in the companion case City of Miami v. Bank of America Corp., No. 14-14543. The same conclusions of law apply here. As a preliminary matter, we find that the City has constitutional standing to pursue its FHA claims. Furthermore, under controlling Supreme Court precedent, the “zone of interests” for the Fair Housing Act extends as broadly as permitted under Article III of the Constitution, and therefore encompasses the City’s claim. While we agree with the district court’s conclusion that the FHA contains a proximate cause requirement, we find that the City has adequately alleged proximate cause. Finally, the “continuing violation doctrine” would apply to the City’s claims, if they are adequately pled.

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  1. http://kareemsalessi.com/litigation-discovery-documents/

    “Bribery of Judges & county officials & any other necessary officials” by “Wells Fargo Drug Cartel” is another pattern of the continued criminal activities of their lawyers which has escalated according to the work of an attorney working as an undercover federal whistleblower to documents the briberies.
    Here are some examples:

    In the SEC website search for “wells fargo bribery”
    and this page comes up:
    http://secsearch.sec.gov/search?utf8=%E2%9C%93&affiliate=secsearch&query=wells+fargo+bribery

    With the following top of the list cases:

    http://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2014/patrickmissud022514-14a8.pdf

    Massive judge bribery federal whistleblower got nowhere with his many whistle blows against “Wells Fargo Drug Cartel’s” bribery of California courts on a large scale.

    http://www.sec.gov/divisions/corpfin/cf-noaction/14a-8/2013/patrickmissudhorton110113-14a8.pdf
    A quote:

    “VI. THE $EC’$ FURTHERANCE OF CORPORATE CRIMINAL ACTIVITIE$ The $EC ha$1ikewi$e played “hear, $ee, and $peak no evil” concerning the two Citizen$-United ‘people’ which $eek to further their corporate RICO $cheme$ which include targeting 314,000,000 ordinary, but real flesh-and-blood ¢itizens for financial predation. The $EC is on record, and featured in Magistrate Judge Donna Ryu’$ C:12­ 161 violating: its own Rule 14(A)-8 three years in a row to conceal DHI-WF racketeering from the public; and twice flaunting FOIA, -the 1st time by not returning demanded documents for four year$. Ryu did what 18 USC §201 Corrupt ‘judically-immune’ judge$ typically do. Namely ignore all prima-facie evidence damaging to corporations, in this case the $EC’_$ contribution to DHI-WF RICO schemes. Then Ryu’$ Circuit colleague$ Gould, Clifton and Bybee rubber stamped her decision to a$$i$t corporate predation ofreal people. Then finally on Aprill5, 2013, in the biggest disaster in American history, the U.S. Supreme Court’$ con$ervative majority denied review of Writ 12-8191 because it proved to criminal standards that corporations own all the courts up to, and through, the U.S. $upreme Court. VII. PROPOSAL FOR ACTION :John $tumpf, Wells Fargo Attorneys, and $EC Agent$- You will print, or cause to be printed, the following 26 words in Wells Fargo’s forthcoming Proxy Statement and for the upcoming shareholder meeting: “Resolved: That Wells Fargo will stop buying $EC official$ and judge$ to conceal it$ decade-long Citizen$-United corporate predation ofreal flesh-andbloo~ ¢itizens.” II Thanks in advance, Patrick Missud: Proponent-S areholder WI h sufficient share ownership since 4 years; and Federal Informant & Qui- am Relator ince 4 years.”

    https://www.sec.gov/litigation/litreleases/2011/lr22183-judgment.pdf
    A quote:
    “23. Wachovia knew that these false representations and Provider’s Certificates were forwarded to the Bidding Agents, who were the agents of the Municipalities, and often to the Municipalities themselves, by means or instruments of transportation or communication in interstate commerce, usually telephone calls and subsequent facsimile transmissions.”

    $46 million judgment against “Wells Fargo Drug Cartel” for stealing billions of dollars of schools and municipalities by selling them MBS junk bonds by bribing public entity “Bidding Agents”.

    Public victims losses were sold out by the SEC, pretending to do justice, and letting drug traffickers run off with the big loot!

    Notice that the above SEC sellout settlement& its complaint were two years after “Wachovia Drug Cartel” had been completely outlawed, and all Wachovia names were deregistered on 3/16/10, upon confessing to have laundered over $1/2 trillion dollars of drug money in just a few years. This means their drug money laundering never stopped as you can see at the top two links in my webpage.
    It also confirms what I have always documented that the federal public agencies like the SEC, FDIC, IRS, the Fed, etc, engineered & facilitated the history’s largest recorded drug money laundering operation from Wachovia into Wells Fargo with simple name changes. That simple!
    Thank you for your patriotic service federal agencies!

    Kareem Salessi 9/11/15

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