Facts

Joseph McClintic and others filed suit against the U.S. Postal Service and Bertha Cervantes, based on an alleged "sweetheart swindle scam."

PLAINTIFF'S CONTENTIONS:
In 2006, McClintic was a 78-year-old old man, and Cervantes was 32 years younger than him, and an employee of USPS. Cervantes met McClintic as a residential mail recipient on her carrier postal delivery route. Plaintiff alleged that, in 2007, Cervantes began executing an affinity fraud, also known as a sweetheart swindle scam, against McClintic, by courting his emotions and ingratiating herself to him in exchange for valuable items and money.

Cervantes repeatedly initiated contact with McClintic while on her mail route, and tricked him into buying her gifts. The gifts had a value substantially exceeding $20, which was the statutory gifting restriction for mail carriers. Cervantes would repeatedly trick McClintic into giving her cash and jewelry, despite never reciprocating. Plaintiffs claimed Cervantes misused her position and engaged in emotional trickery.

McClintic later began experiencing medical problems, but Cervantes ignored these issues and continued to take advantage of him.

Plaintiffs asserted causes of action for violation of 18 U.S.C. Section 201, financial elder abuse, fraud, misrepresentation, negligence, negligence per se, negligent hiring, conversion, trespass, constructive trust, and common law unjust enrichment.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the action for lack of subject matter jurisdiction and failure to state a claim.

Result

The court granted defendants' motion to dismiss.