Commonwealth v. Tradition (North America) Inc. v. Jampel, et al. (Lawyers Weekly No. 11-013-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-1543 Appeals Court COMMONWEALTH vs. TRADITION (NORTH AMERICA) INC.; RONALD JAMPEL & others,[1] third-party defendants. No. 15-P-1543. Suffolk. October 5, 2016. – February 21, 2017. Present: Meade, Milkey, & Kinder, JJ. Bonds, Tax-exempt. Contribution. Contract, Performance and breach, Implied covenant of good faith and fair dealing, Indemnity, Bidding for contract, Misrepresentation, Unjust enrichment, Interference with contractual relations, Settlement agreement, Release from liability. Indemnity. Massachusetts False Claims Act. Consumer Protection Act, Unfair or deceptive act. Deceit. Fraud. Conspiracy. Unjust Enrichment. Unlawful Interference. Release. Limitations, Statute of. Practice, Civil, Enforcement of liability on bond, Joinder of claims, Damages. Civil action commenced in the Superior Court Department on November 5, 2010. Motions to dismiss a third-party complaint against certain third-party defendants were heard by Frances A. McIntyre, J., and a separate motion to dismiss the third-party complaint against another defendant was considered by Paul D. Wilson, J. John E. Roberts (Michael R. Hackett also present) for Tradition (North America) Inc. Joseph J. Bial, of the District of Columbia, for FSA Capital Management Services, LLC. Douglas L. Wald, of the District of Columbia (Kevin P. Martin also present) for Trinity Plus Funding Company LLC. Julia McLetchie for Steven E. Goldberg. Jeremy M. Sternberg, for Ronald Jampel, was present but did not argue. KINDER, J. The Commonwealth brought this enforcement action against the defendant, Tradition (North America) Inc. (Tradition), a broker for transactions involving municipal bond derivatives, claiming that Tradition engaged in bid rigging and other deceptive practices that harmed the Commonwealth in violation of the Consumer Protection Act, G. L. c. 93A, § 2, and the False Claims Act, G. L. c. 12, § 5B. Tradition denied the allegations, asserting that it, too, was a victim of the alleged bid-rigging scheme. Tradition filed third-party claims against individuals and corporations with whom it had consulted in the allegedly fraudulent transactions, including Ronald Jampel, Steven E. Goldberg, Trinity Plus Funding Company LLC (Trinity), and FSA Capital Management Services, LLC (FSA) (collectively, the third-party defendants). The third-party complaint sought contribution from the third-party defendants pursuant to G. L. c. 231B, § 1(a), for any liability Tradition might have to the Commonwealth (contribution claims). It also alleged various other claims, including breach of contract, breach of the implied covenant of good faith and fair dealing, common-law indemnification, unfair and deceptive trade practices, fraud […]