On January 26, 2005, the Court entered the Mandate from the U.S. Court of Appeals for the Fourth Circuit. The District Court’s decision was affirmed.

On September 30, 2002, the Court entered the Order signed by U.S. District Judge James C. Turk granting the defendants’ motion to dismiss. On October 30, 2002, the plaintiff filed a notice of appeal. On April 22, 2003, the defendant Continental Insurance filed a motion for summary judgment. On November 28, 2003, the Court entered the Final Order granting the motion for summary judgment, denying the plaintiffs’ motions to certify class. The case was closed. On December 24, 2003, the plaintiffs again filed a notice of appeal.

The complaint alleges that the sale of bogus "Senior Capital Notes" by The Charterhouse Group, Ltd., was aided and abetted by the use of false or misleading statements indicating that payment of the notes was assured by virtue of insurance policies issued by CNA, and that CNA knew or should have known of the misleading statements and did nothing to stop them. It is further alleged that RAI aided and abetted fraud practiced by two Florida corporations, First Capital Services, Inc., and U.S. Capital Funding, Inc., because it continued to place tax exempt assets belonging to class members in those corporations when it knew, or should have known, that the investments were shams.