By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court has dismissed the Bank of Saipan’s second amended complaint against a law firm but denied the motion to dismiss against the lawyer of a businessman convicted for looting the bank of over $6 million through fraudulent loans and transactions.
Superior Court Judge Juan T. Lizama in an order yesterday granted partially the motion of Ted Pool and Pool, Blakenship, Vincent & Pool, or PBVP, to dismiss the second amended complaint filed by the bank.
Lizama said because there are no specific allegations describing the actions of PBVP or the responsibility of PBVP for Pool’s actions, the Rule 9(b) motion is granted with respect to PBVP.
Lizama said all claims against PBVP are dismissed.
Lizama said the bank can amend its complaint to allege specifically the role of PBVP in the alleged torts.
The judge at the same time denied the motion to dismiss the complaint against Pool.
He said the motion to dismiss the claim for concealment is granted due to the lack of any affirmative act by the Pool defendants to suppress the truth.
Lizama said because there was no duty to disclose, the claim for nondisclosure is dismissed.
The judge said there is no cause of action for innocent misrepresentation. “in sum the Pool defendants’ Rule 12(b)(6) motion is granted for all individual claims except for negligent misrepresentation.”
The civil case arises from a series of events that led to the collapse of the Bank of Saipan in early 2002.
On April 30, 2002, the Superior Court placed the bank under receivership. The receivership was still in effect when the bank filed its original complaint on Feb. 18, 2004.
The Pool defendants were served with the complaints several months later.
The bank filed an amended complaint which the Pool defendants moved to dismiss under Rule 9 (b) and Rule 12 (b) (6).
The Pool defendants were sued for providing legal assistance to Bert Douglas Montgomery on the fraudulent transactions.
Seven of the 11 claims of the second amended complaints against the Pool defendants related to fraud.
Montgomery and his co-defendants were convicted for conspiracy and wire fraud and received jail sentences.