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Consumer Law Keyed to Whaley, 9th Ed.
Sedima, S.P.R.L. v. Imrex Company, Inc.
Citation:
473 U.S. 479 (1985)Facts
In 1979, petitioner Sedima, a Belgian corporation, entered into a joint venture agreement with respondent Imrex Company to provide electronic components to a Belgian firm. Under the arrangement, the buyer would order parts through Sedima, Imrex would obtain the parts in the United States and ship them to Europe, and the two companies would split the net proceeds. Imrex filled approximately eight million dollars in orders placed through Sedima. However, Sedima became convinced that Imrex was presenting inflated bills and cheating Sedima out of its share of proceeds by collecting payment for nonexistent expenses. In 1982, Sedima filed suit in federal district court asserting common-law claims and RICO violations under § 1964(c) based on predicate acts of mail and wire fraud, seeking treble damages of at least $175,000 (the amount of alleged overbilling) plus attorney’s fees.
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