Stoehr v. Prince Mohamed Bin

          United States Court of Appeals
                       For the First Circuit


No. 00-2266

                         RUSSELL P. STOEHR,

                             Appellant,

                                 v.

                     PRINCE MOHAMED BIN BANDER
                 MOHAMED BIN ABDUL RAHMAN AL SAUD,

                             Appellee.


         APPEAL FROM THE UNITED STATES DISTRICT COURT

                 FOR THE DISTRICT OF MASSACHUSETTS

              [Hon. Rya W. Zobel, U.S. District Judge]



                               Before

                       Boudin, Circuit Judge,

                   Bownes, Senior Circuit Judge,

                     and Lipez, Circuit Judge.



    Arthur H. Goldsmith for appellant.

     Mark S. Foss, with whom MacCarthy Pojani & Hurley, LLP were
on brief for appellee.
April 3, 2001
             Per Curiam.           Shortly after being found liable for

damages under Mass. Gen. Laws ch. 93A in the Massachusetts

Superior     Court,       debtor-appellant      Russell       Stoehr    filed   for

bankruptcy.         The    plaintiff     in    the   superior     court    action,

appellee Prince Mohamed Bin Bander Mohamed Bin Abdul Rahman Al

Saud (“the Prince”), sought a declaration that the chapter 93A

judgment against Stoehr was non-dischargeable under 11 U.S.C. §

523(a)(2).         Stoehr    now     appeals    from    the    district    court’s

affirmance of the bankruptcy court’s allowance of the Prince's

motion for summary judgment.

                                   I. Background

             In March, 1990, the Prince filed an action in the

Massachusetts Superior Court for conversion, fraud, and unfair

or deceptive acts in violation of Mass. Gen. Laws ch. 93A

against Stoehr and Fast Forward, Inc.1                 The Prince alleged that

he entrusted four luxury automobiles to an individual named

Hilton Pereira so that the cars could be “federalized,” i.e.,

brought into conformity with United States safety and emissions

standards.     Without the Prince’s knowledge, Pereira transferred

the   cars    to    Stoehr     and    Fast     Forward.        Stoehr     obtained




      1
     At all relevant times, Stoehr was an officer and director
of Fast Forward.

                                        -3-
counterfeit certificates of origin for the cars and sold two of

them to third parties.

          The jury returned a verdict on the conversion claim

against Fast Forward and awarded the Prince $430,000 in damages.

The court reserved the chapter 93A claim for decision.                On June

17, 1993, the court entered findings and judgment on the chapter

93A claim against Fast Forward and Stoehr, including double

damages in the amount of $860,000 and attorney's fees.                 In its

findings, the court described Stoehr's conduct as "fraudulent."

          Stoehr    appealed      the    chapter   93A   judgment     to   the

Massachusetts Appeals Court, which affirmed the superior court.

Mohamed Bin Bander Mohamed Bin Abdul Rahman Al Saud v. Fast

Forward, Inc., 673 N.E.2d 568, 569 (Mass. App. Ct. 1996).               After

additional state-court appeals, the judgment against Stoehr

remained in effect.     Id., 682 N.E.2d 1363 (Mass. App. Ct. 1997).

          On    September   24,       1997,   Stoehr   filed   a    Chapter   7

bankruptcy petition in the bankruptcy court.               On December 18,

1997,   the    Prince   sought    a    declaration     under   11   U.S.C.    §

523(a)(2) that the superior court judgment against Stoehr was

non-dischargeable because it was obtained by "actual fraud."

The bankruptcy court allowed the Prince’s motion for summary

judgment on the ground that it was collaterally estopped from

rehearing the issue of Stoehr’s fraud, because that issue had


                                      -4-
been decided in the superior court's chapter 93A ruling.        This

appeal followed.

                           II. Discussion

          In an appeal from district court review of a bankruptcy

court order, this court independently reviews the bankruptcy

court's decision, ordinarily applying the "clearly erroneous"

standard to findings of fact and de novo review to conclusions

of law.   Grella v. Salem Five Cent Sav. Bank, 42 F.3d 26, 30

(1st Cir. 1994) (citing In re SPM Mfg. Corp., 984 F.2d 1305,

1310-11 (1st Cir. 1993)).     Since the bankruptcy court granted

summary judgment, however, our review here is de novo on all

issues.

          Although bankruptcy proceedings are normally intended

to provide a debtor with a "fresh start" by discharging his or

her debts, 11 U.S.C. § 727, debtors who obtain money or property

fraudulently   are   not   entitled   to    bankruptcy   protection.

Palmacci v. Umpierrez, 121 F.3d 781, 786 (1st Cir. 1997).         11

U.S.C. § 523, "Exceptions to discharge," provides, in relevant

part:

          (a) A discharge under section 727, 1141,
          1228(a), 1228(b), or 1328(b) of this title
          does not discharge an individual debtor from
          any debt--
          (2) for money, property, [or] services . . .
          to the extent obtained by--
          (A) false pretenses, a false representation,
          or actual fraud . . .

                                -5-
Here, the bankruptcy court held that because the superior court

had determined that Stoehr committed fraud, the issue could not

be relitigated and the Prince was entitled to summary judgment.

             When there is an identity of the parties in subsequent

actions, the doctrine of collateral estoppel is properly applied

when:      (1) the issue sought to be precluded is the same as that

involved     in    the    prior   action;     (2)   the   issue    was    actually

litigated; (3) the issue was determined by a valid and binding

final judgment; and (4) the determination of the issue was

essential to the judgment.2             Grella, 42 F.3d at 30.           "An issue

may be 'actually' decided even if it is not explicitly decided,

for   it    may    have    constituted,       logically   or   practically,       a

necessary     component      of   the    decision    reached      in    the   prior

litigation."       Id. at 30-31 (citing Dennis v. Rhode Island Hosp.

Trust, 744 F.2d 893, 899 (1st Cir. 1984)).

             Here, the bankruptcy court correctly determined that

these factors were satisfied.            There is ample record support for

the conclusion that the superior court based its chapter 93A

judgment on Stoehr's fraudulent conduct.                  The superior court

included      in    its    findings     and     conclusions       the    following

statements:



      2
     Stoehr appears to contest the existence of the first,
second and fourth factors.

                                        -6-
         (1) that Fast Forward and Stoehr's conduct
         included “fraudulent, knowing, intentional,
         and unfair, if not criminal, deceptive acts
         and practices”;

         (2) that Fast Forward and Stoehr "used
         counterfeit certificates [to accomplish] a
         fraud on the purchasers of the vehicles and
         on the plaintiff";

         (3) that "defendant Stoehr knew that the
         certificates of origin were counterfeit and
         nonetheless   used   the   certificates   to
         transfer title, intending to deprive the
         true owner of his title and deceive the
         purchasers who he understood would rely [on]
         the forged documents; and

         (4) that "defendant Stoehr, individually and
         as president of [Fast Forward,] participated
         in the fraudulent conduct that result[ed] in
         the damages found by the jury . . . ."

These findings make clear that the issue of fraud was actually

litigated in the superior court, was a necessary component of

the court's judgment, and was the same as the issue adjudicated

in the section 523(a)(2) proceeding.   See Grella, 42 F.3d at 30.

         Stoehr contends that he did not actually litigate, nor

have the opportunity to litigate, the issue of fraud in the

superior court because it was not tried to the jury.    Although

no common-law fraud claim was tried to the jury, the chapter 93A

judgment was premised on fraud.     See Nickerson v. Matco Tools

Corp., 813 F.2d 529, 531 (1st Cir. 1987) (recognizing close

relationship between common-law fraud and unfair or deceptive



                              -7-
practices    under   chapter   93A).3    Here,   the   superior   court's

findings and conclusions under chapter 93A were based solely on

the evidence presented to the jury.

            Stoehr also argues that fraud was not essential to the

chapter 93A judgment.     He correctly points out that chapter 93A

violations and fraud are not synonymous, and that chapter 93A

liability may be premised on conduct other than fraud.               The

superior court's findings, however, make clear that fraud was in

fact the basis for chapter 93A liability in this case, and do

not suggest any different theory of chapter 93A liability.

            In sum, the Prince satisfied each of the elements of

collateral estoppel, and we affirm the district court's order of

summary judgment.




    3 In addition to challenging the district court's ruling on
collateral estoppel grounds, Stoehr attacks the superior court
judgment based on the due process clause, the Seventh Amendment,
and overall procedural fairness. The district court correctly
held, however, that the proper venue for these arguments was the
Massachusetts courts of appeal, not the federal courts.

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