Federal Court Grants Morgan Stanley Motion to Compel Arbitration in Cypress RICO Suit

Here are the materials in Miccosukee Tribe v. Cypress (S.D. Fla.):

DCT Order Granting Morgan Stanley Motion

Morgan Stanley Motion to Dismiss

Miccosukee Opposition to Morgan Stanley Motion

Morgan Stanley Reply

Interesting question, whether the arbitration agreement signed by the former tribal chairman who now faces RICO charges from the tribe is valid or void ab initio. From the opinion:

Plaintiff, in opposition to being compelled to arbitrate its claims against Morgan Stanley Smith Barney, contends that Defendant Cypress, as the main co-conspirator in embezzling and misappropriating millions of dollars of the Miccosukee Tribe’s funds for his personal gain, was without authority to bind the Miccosukee Tribe, absent the knowledge and consent of the Miccosukee Tribe’s General Counsel, to arbitration, which effectively closes the federal courthouse doors to its claims against Morgan Stanley Smith Barney.

But the court rejected the argument:

If there is an absence of actual authority, Defendant Cypress certainly had apparently [sic] authority.