CASE NO. 09-20612 CIV-GOLD/MCALILEY
1Plaintiff, Consejo de Defensa del Estado de la República de Chile, on behalf of theRepublic of Chile (“Republic of Chile”),files this Memorandum of Law in Opposition toDefendants' Motion to Dismiss Plaintiff’s Second Amended Complaint [D.E. 39].
The Republic of Chile seeks damages from PNC Financial Services Group, Inc., ("PNCFinancial") and PNC Bank, N.A., ("PNC Bank") (collectively, "PNC" or "Defendants") assuccessor in interest to the Riggs National Bank of Washington D.C. ("Riggs Washington") andRiggs International Banking Corporation ("Riggs Miami"), (collectively, “Riggs”) becauseDefendants are liable for millions in damages to the Republic of Chile PNC seeks to dismiss theSecond Amended Complaint because it contends that the action is either time barred or fails tomeet the statutory elements for a civil RICO action. Both arguments fail and the motion should be denied.
II.MEMORANDUM OF LAWA. T
PNC disingenuously argues that Riggs was nothing more than a simple bankinginstitution implementing the instructions of its clients. PNC would like for this Court to believethat it was nothing more than an innocent bystander, hoodwinked by the cunning Pinochet. Todo so, one would have to ignore the glaring truth: Riggs and its officers, both in WashingtonD.C. and Miami, knowingly and deliberately engaged in the management and operation of amoney laundering scheme with the Pinochet Enterprise. In order to increase the capital andstature of the bank, Riggs officials went to great lengths to court Pinochet and broke numerousU.S. banking and regulatory laws in the process of entering his inner circle of comrades. Thereality is that, together with Pinochet, Riggs looted the Chilean treasury and operated a highly
Case 1:09-cv-20612-ASG Document 50 Entered on FLSD Docket 11/06/2009 Page 2 of 27