Summary:

Dash BPO, LLC's brought claims for fraudulent concealment and under various states' Unfair and Deceptive Trade Practices Acts  after  its business relationship with Affinity Global deteriorated due to Lindberg's indictment for an unrelated bribery scheme.   Affirming dismissal by the the district court,  the 4th Circuit held that  Dash BPO had  not pleaded with the necessary particularity to establish a fiduciary or special relationship or active concealment nor had it  adequately alleged that Affinity and Lindberg fraudulently concealed Lindberg's criminal conduct during their business negotiations, which led to the loss of a lucrative contract with Bank of America.

Commentary:

See the related  posting regarding the North Carolina Court of Appeals decision at Causey v. Southland.    Also the Department of Justice  press release after Mr.  Lindberg was convicted after a retrial for a bribery scheme involving independent expenditure accounts and improper campaign contributions.

To read a copy of the transcript, please see: