How later opinions annotate it (1 example)
- on other grounds
Morast v. Lance, 807 F.2d 926, 929 (11th Cir. 1987), overruled in part on other grounds by Haddle v. Garrison, 525 U.S. 121 , 123-24 (1998)
— Befaithful Coker v. Slyvester Warren, III, No. 23-11160 (11th Cir. June 4, 2025)
At page 933 Standing requirement for recovery under RICO statutes30 citing cases“morast was not fired because he refused to participate in the bank's illegal scheme, and, therefore, morast's injury, his discharge, did not flow directly from the predicate acts, the defendant's banking violations.”
- Chaires v. Novo Nordisk Inc., No. 2:17-cv-00699 (D.N.J. Dec. 17, 2021).unpublished(Georgia’s RICO statutes are essentially identical to the federal RICO statutes.)
- Hi-Tech Pharm., Inc. v. Hodges Consulting, Inc., 230 F. Supp. 3d 1323 (N.D. Ga. 2016).publishedWhile in certain respects, the Georgia RICO statute is broader than the Federal RICO statute, Georgia’s RICO statutes are “essentially identical to the Federal RICO statutes .... ” Morast v. Lance, 807 F.2d 926, 933 (11th Cir. 1987); Chanc…
- Melissa Simpson v. Sanderson Farms, Inc., 744 F.3d 702 (11th Cir. 2014).publishedGeorgia’s RICO provisions are "essentially identical to the federal RICO statutes,” Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987), and in fact the Georgia definition of "racketeering activity” expressly incorporates the federal list o…
- Cobbs v. Sheahan, 385 F. Supp. 2d 731 (N.D. Ill. 2005).published(See, e.g., Burdick v. American Express Co., 865 F.2d 527, 528-29 (2d Cir.1989); Nodine v. Textron, Inc., 819 F.2d 347, 348-49 (1st Cir.1987); Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987)). 4 .
- Williams v. Waldron, 14 F. Supp. 2d 1334 (N.D. Ga. 1998).publishedIn Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987), the Eleventh Circuit affirmed the dismissal of the plaintiffs RICO claims, holding that the plaintiff’s injury — termination of employment— “did not flow directly from the predicate ac…
- S. Intermodal Logistics, Inc. v. D.J. Powers Co., 10 F. Supp. 2d 1337 (S.D. Ga. 1998).published“A plaintiff has standing to sue under RICO only if his injury flowed directly from the commission of the predicate acts.” Longino v. Bank of Ellijay, 228 Ga.App. 37, 41 , 491 S.E.2d 81 (1997) (quoting Morast v. Lance, 807 F.2d 926, 933 (1…
- Marshall v. City of Atlanta (In re Air Terminal Enter., Inc.), 195 B.R. 164 (Bankr. N.D. Ga. 1996).publishedSee Holmes v. Securities Investor Protection Corp., 503 U.S. 258 , 112 S.Ct. 1311 , 117 L.Ed.2d 532 (1992) (“but for” causation is insufficient, a direct relation must be alleged between the injury asserted and the conduct alleged); Pellet…
- Fla. Dep't Ins. v. Debenture Guar., 921 F. Supp. 750 (M.D. Fla. 1996).publishedMorast v. Lance, 807 F.2d 926, 933 (11th Cir.1987).
- Florida Dept. Ins. v. DEBENTURE GUAR, 921 F. Supp. 750 (M.D. Fla. 1996).publishedMorast v. Lance, 807 F.2d 926, 933 (11th Cir.1987).
- Marshall v. City of Atlanta, 195 B.R. 156 (N.D. Ga. 1996).publishedSee Holmes v. Securities Investor Protection Corp., 503 U.S. 258 , 112 S.Ct. 1311 , 117 L.Ed.2d 532 (1992) ("but for" causation is insufficient, a direct relation must be alleged between the injury asserted and the conduct alleged); Pellet…
Show 18 more citing cases
- Water Int'l Network, U.S.A., Inc. v. East, 892 F. Supp. 1477 (M.D. Fla. 1995).publishedThe United States Supreme Court has defined compensable injury under 18 U.S.C. § 1964 (e) to be harm caused by the predicate acts. “[A] plaintiff has standing to sue only ‘to the extent that he has been injured ... by the conduct constitut…
- Kingston Square Tenants Ass'n v. Tuskegee Gardens, Ltd., 792 F. Supp. 1566 (S.D. Fla. 1992).publishedIn Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987), it was held that an individual has standing to sue under section 1964(c) only if his injury flowed directly from the commission of the predicate acts.
- Anderson Chem. Co. v. Portals Water Treatment, Inc., 768 F. Supp. 1568 (M.D. Ga. 1991).publishedMorast v. Lance, 807 F.2d 926, 933 (11th Cir.1987).
- Kramer v. Bachan Aerospace Corp., 912 F.2d 151 (6th Cir. 1990).published Bank, 859 F.2d 1211 , 1215 n. 9 (5th Cir.1988); see also Hecht v. Commerce Clearing House, Inc., 897 F.2d 21, 24-25 (2d Cir.1990) (holding that standing may be founded only upon injury from overt acts that are also predicate acts under Sec…
- No. 89-55008, 912 F.2d 291 (9th Cir. 1990).publishedSee, e.g., Burdick v. American Express Co., 865 F.2d 527, 529 (2d Cir.1989) (per curiam) (employee terminated as a result of his complaints about employer's alleged fraudulent activities had no standing to sue under Sec. 1962(c)); Cullom v…
- Reddy v. Litton Indus., Inc., 912 F.2d 291 (9th Cir. 1990).publishedSee, e.g., Burdick v. American Express Co., 865 F.2d 527, 529 (2d Cir.1989) (per curiam) (employee terminated as a result of his complaints about employer's alleged fraudulent activities had no standing to sue under § 1962(c)); Cullom v. H…
- Boczar v. Manatee Hospitals & Health Sys., Inc., 731 F. Supp. 1042 (M.D. Fla. 1990).publishedCOUNT IV VIOLATION OF THE RACKETEER INFLUENCED CORRUPT ORGANIZATION ACT The United States Supreme Court has defined compensable injury under 18 U.S.C. § 1964 (c) to be the harm caused by the predicate acts. “[A] plaintiff has standing to s…
- The Reverend Father John P. O'malley, O.S.A., Individually, & James A. Nesbitt, Individually v. The Reverend Father Patrick H. O'neill, O.S.A., 887 F.2d 1557 (11th Cir. 1989).published Bank, 859 F.2d 1211 , 1214 (5th Cir.1988); Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987); Haroco v. American Bank and Trust, 747 F.2d at 398; Sperber v. Boesky, 849 F.2d 60, 63 (2d Cir.1988); Cenco v. Seidman & Seidman, 686 F.2d 449 ,…
- John Zervas v. D.L. Faulkner, Spencer Blain & Jane Nix, 861 F.2d 823 (5th Cir. 1988).publishedIn Morast v. Lance, 807 F.2d 926, 933 (11th Cir.1987), RICO recovery was denied because the plaintiffs injury “did not flow directly from the predicate acts” (emphasis added).
- Rylewicz v. Beaton Servs., Ltd., 698 F. Supp. 1391 (N.D. Ill. 1988).published
- William R. Nodine v. Textron, Inc., 819 F.2d 347 (1st Cir. 1987).published
- Beck v. Prupis, 162 F.3d 1090 (11th Cir. 1998).published
- Beck v. Prupis, 162 F.3d 1090 (11th Cir. 1998).published
- Ronald O. Pelletier v. Gary D. Zweifel, Ronald O. Pelletier v. Gary D. Zweifel, 921 F.2d 1465 (11th Cir. 1991).published
- Longino v. Bank of Ellijay, 491 S.E.2d 81 (Ga. Ct. App. 1997).published
- Komm v. McFliker, 662 F. Supp. 924 (W.D. Mo. 1987).published
- Cullom v. Hibernia Nat'l Bank, 859 F.2d 1211 (5th Cir. 1988).published
- Jones v. Baskin, Flaherty, Elliot & Mannino, PC, 670 F. Supp. 597 (W.D. Pa. 1987).published
At page 930 Analyzing statutory requirements for federal court testimony claims22 citing cases“section 1985(2) applies only if the conspiracy attempted to prevent a witness from attending or testifying in federal court.”
- Dulcio v. Env't Prot. Agency, No. 9:22-cv-81908 (S.D. Fla. May 17, 2023).A section 1986 action “is predicated on a successful conspiracy action under § 1985.” Moore v. Potter, 141 F. App’x 803, 806-07 (11th Cir. 2005) (quoting Morast v. Lance, 807 F.2d 926, 930 (11th Cir. 1987)); Farese v. Sherer, 342 F.3d 1223…
- Hill v. North Mobile Nursing & Rehab., No. 1:22-cv-00504 (S.D. Ala. May 3, 2023).Morast v. Lance, 807 F.2d 926, 930 (11th Cir. 1987).
- Henry v. Florida Bar, 701 F. App'x 878 (11th Cir. 2017).unpublished Morast v. Lance, 807 F.2d 926, 930 (11th Cir. 1987).
- Hnan Alhallaq v. Radha Soami Trading, LLC, 484 F. App'x 293 (11th Cir. 2012).unpublished Morast v. Lance, 807 F.2d 926, 930 (11th Cir.1987).
- Heinrich Ex Rel. Heinrich v. Sweet, 62 F. Supp. 2d 282 (D. Mass. 1999).publishedSee DeVargas, 844 F.2d at 720 n. 5; Morast v. Lance, 807 F.2d 926, 930-31 (11th Cir.1987); McNally v. Pulitzer Publ’g Co., 532 F.2d 69, 75-76 (8th Cir.1976); see also *307 Lovelace, 684 F.Supp. at 1442 n. 4; Stevens, 576 F.Supp. at 520-21 .
- Clark v. Clabaugh, 20 F.3d 1290 (3d Cir. 1994).published Accord Jews for Jesus, Inc. v. Jewish Community Relations Council, Inc., 968 F.2d 286, 292 (2d Cir.1992); Morast v. Lance, 807 F.2d 926, 930 (11th Cir.1987); Rodgers v. Lincoln Towing Serv., Inc., 771 F.2d 194, 203 (7th Cir.1985); Bradt v.…
- Herrera v. Scully, 815 F. Supp. 713 (S.D.N.Y. 1993).published See Chahal v. Paine Webber, Inc., 725 F.2d 20, 23 (2d Cir.1984); Morast v. Lance, 807 F.2d 926, 930 (11th Cir.1987).
- Brever v. Rockwell Int'l Corp., 801 F. Supp. 424 (D. Colo. 1992).publishedMcLean v. International Harvester Co., 817 F.2d 1214, 1218 (5th Cir.1987); Morast v. Lance, 807 F.2d 926, 930 (11th Cir.1987).
- Carter v. Church, 791 F. Supp. 298 (M.D. Ga. 1992).publishedThe E.E.O.C., an administrative agency, is not a part of the federal judicial system. 2 See generally Morast v. Lance, 807 F.2d 926, 930 (11th Cir.1987).
- Lovell v. Waits, No. 96-30729 (5th Cir. Feb. 27, 1997).unpublished
Show 10 more citing cases
- Barrois v. Unidentified Party, No. 96-31157 (5th Cir. Apr. 24, 1997).unpublished
- Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually & in His Off. Capacity Don Hardwick, Individually & in His Off. Capacity, & John Does, Individually & in Their Off. Capacities, Los Alamos Nat'l Lab'y Richard One Through Two, Individually & in Their Off. Capacities Univ. of California Robert Pogna, Emp. Los Alamos Nat'l Lab'y, Alfredo Devargas v. Mason & Hanger-Silas Mason Co., Inc. T.R. Hook, Individually & in His Off. Capacity Don Hardwick, Individually & in His Off. Capacity, & the United States Dep't of Energy John Does, Individually & in Their Off. Capacities Los Alamos Nat'l Lab'y Richard One Through Two, Individually & in Their Off. Capacities Gary Granere, Acting Area Manager-Dep't of Energy Los Alamos Area Off. Univ. of California Donald Kerr, Dir., Los Alamos Nat'l Lab'y Ed. C. Walterscheid, Emp. Los Alamos Nat'l Lab'y John S. Herrington Robert Pogna, Emp. Los Alamos Nat'l Lab'y, 844 F.2d 714 (10th Cir. 1988).published
- Lovelace v. Whitney, 684 F. Supp. 1438 (N.D. Ill. 1988).published
- Rylewicz v. Beaton Servs., Ltd., 698 F. Supp. 1391 (N.D. Ill. 1988).published
- Carver v. Casey, 669 F. Supp. 412 (S.D. Fla. 1987).published
- Foster v. Pall Aeropower Corp., 111 F. Supp. 2d 1320 (M.D. Fla. 2000).published
- Campbell v. Civil Air Patrol, 131 F. Supp. 2d 1303 (M.D. Ala. 2001).published
- Moon v. Rockdale Cnty., 188 F. Supp. 3d 1369 (N.D. Ga. 2016).published
- Tracey M. Chance v. Ariel Cook, 50 F.4th 48 (11th Cir. 2022).published
- DeVargas v. Mason & Hanger-Silas Mason Co., 844 F.2d 714 (10th Cir. 1988).published
At page 932 Determining private right of action under banking statute16 citing casesdischarged at will employee had no constitutionally protected interest in continued employment and therefore did not suffer actual injury
- Casper v. Paine Webber Grp., Inc., 787 F. Supp. 1480 (D.N.J. 1992).publishedSee, e.g., Hecht v. Commerce Clearing House, Inc., 897 F.2d 21, 24-25 (2d Cir.1990) (“[T]he purpose of civil RICO liability does not extend to determining any illegal act such as retaliatory firings for which there are state and common law…
- Jeffrey Hecht v. Com. Clearing House, Inc., William Miller, Louis Ceccoli, & Stanley Stephens, 897 F.2d 21 (2d Cir. 1990).publishedSee Burdick v. American Express Co., 865 F.2d 527, 529 (2d Cir.1989) (per curiam) (no standing for a stockbroker who alleged being fired and losing his client base for complaining about his employer's questionable practices); see also O’Ma…
- Rudolf A. Norman & Thomas G. Bassett v. Niagara Mohawk Power Corp., 873 F.2d 634 (2d Cir. 1989).publishedSee also Cullom v. Hibernia Nat’l Bank, 859 F.2d 1211, 1214 (5th Cir.1988); Pujol v. Shearson/American Express, Inc., 829 F.2d 1201, 1205 (1st Cir.1987); Nodine v. Textron, Inc., 819 F.2d 347, 348-49 (1st Cir.1987); Morast v. Lance, 807 F.…
- D. Lawrence Burdick v. Am. Express Co., 865 F.2d 527 (2d Cir. 1989).publishedFiring Nodine under these circumstances was wrong, but it did not violate the RICO Act.” Nodine v. Textron, Inc., 819 F.2d 347, 349 (1st Cir.1987) (footnote omitted); see Pujol v. Shearson/American Express, Inc., 829 F.2d 1201, 1204-06 (1s…
- Brandenburg v. Seidel, 859 F.2d 1179 (4th Cir. 1988).publishedIn any event, it is clear that a civil RICO complaint is vulnerable to a motion to dismiss if it fails to allege either an adequate injury to business or property, see, e.g., Drake v. BF Goodrich Co., 782 F.2d 638 , 644 (6th Cir.1986), or…
- McAndrew v. Lockheed Martin Corp., 177 F.3d 1310 (11th Cir. 1999).published
- William R. Nodine v. Textron, Inc., 819 F.2d 347 (1st Cir. 1987).published
- Francisco Pujol v. Shearson/Am. Express, Inc., 829 F.2d 1201 (1st Cir. 1987).published
- John P. Brandenburg John P. Huffman, as Custodian for Robert F. Coon, a Minor Baikunth K. Singh Mridulah Singh, Custodian for Anup Singh, a Minor, & Alka Singh, a Minor Frank J. Talbot v. Julian Seidel Frank J. Calcara David P. Cole Robert Corletta Edward A. Dacy Michael Finci Ronald Freudenheim Alan S. Kerxton Benjamin Maisel Gloria Meyers James Porter Anne Sherman Charles C. Hogg, II Frances F. Anderson Leonard Bass Dennis B. Berlin Michael J. Dietz Jerome F. Dolivka John C. Donohue, Sr. Henry R. Elsnic John D. Faulkner, Jr. James D. Laudeman Terry L. Neifeld George W.H. Pierson Baltimore Cnty. Sav. & Loan Ass'n, Inc. Chevy Chase Sav. & Loan Ass'n, Inc. Cowenton Sav. & Loan Ass'n Fairmount Sav. & Loan Ass'n Madison & Bradford Sav. & Loan Ass'n Parkville Sav. & Loan Ass'n Paul B. Trice, Jr. v. Maryland Sav. & Loan Depositors Comm. First Maryland Depositors Ass'n, Amici Curiae, 859 F.2d 1179 (1st Cir. 1988).published
- K. Kay Shearin v. The E.F. Hutton Grp., Inc., E.F. Hutton & Co. Inc. & E.F. Hutton Trust Co., 885 F.2d 1162 (3d Cir. 1989).published
Show 4 more citing cases
- In Re Corestates Trust Fee Litig., 39 F.3d 61 (3d Cir. 1994).published
- Outlet Commc'ns, Inc. v. King World Prods., Inc., 685 F. Supp. 1570 (M.D. Fla. 1988).published
- Vitone v. Metro. Life Ins., 943 F. Supp. 192 (D.R.I. 1996).published
- B.Y.R.D. v. Corestates Bank, N.A., 39 F.3d 61 (3d Cir. 1994).published
At page 929 Determining subject matter jurisdiction over federal claims14 citing casesdistrict court did not have subject matter jurisdiction merely because the defendant bank was a federally chartered bank
- Befaithful Coker v. Slyvester Warren, III, No. 23-11160 (11th Cir. June 4, 2025).unpublished Section 1985(1) applies to “conspiracies that interfere with the performance of official duties by federal officers.” Morast v. Lance, 807 F.2d 926, 929 (11th Cir. 1987), overruled in part on other grounds by Haddle v. Garrison, 525 U.S. 1…
- Coker v. Warren, 660 F. Supp. 3d 1308 (M.D. Fla. 2023).publishedSection 1985(1) prohibits, in relevant part, conspiracies by two or more persons “to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or fro…
- Leitgeb v. Kelley, 510 F. Supp. 2d 1227 (N.D. Ga. 2007).publishedMorast v. Lance, 807 F.2d 926, 929-30 (11th Cir.1987).
- Andrew P. Moore, II v. John E. Potter, 141 F. App'x 803 (11th Cir. 2005).unpublishedMorast v. Lance, 807 F.2d 926, 929-30 (11th Cir.1987). “[A] § 1986 action is predicated on a successful *807 conspiracy action under § 1985.” Id. at 930.
- Kane v. Krebser, 44 F. Supp. 2d 542 (S.D.N.Y. 1999).publishedMorast v. Lance, 807 F.2d 926, 929 (11th Cir.1987).
- Jamie Viqueira v. First Bank, 140 F.3d 12 (1st Cir. 1998).published See, e.g., Gully, 299 U.S. at 113 , 57 S.Ct. at 97-98 ; Morast v. Lance, 807 F.2d 926, 929 (11th Cir.1987); Home Fed.
- Love v. Bolinger, 927 F. Supp. 1131 (S.D. Ind. 1996).publishedMorast v. Lance, 807 F.2d 926, 929 (11th Cir.1987); see also, Baron, 410 F.Supp. at 301 (rejecting argument for coverage of a county official under § 1985(1)); Town of Brookline v. Operation Rescue, 762 F.Supp. 1521, 1523 (D.Mass.1991) (§…
- Curiale v. Reissman, 798 F. Supp. 141 (S.D.N.Y. 1992).published(district court did not have subject matter jurisdiction merely because the defendant bank was a federally chartered bank)
- Lewis v. News-Press & Gazette Co., 782 F. Supp. 1338 (W.D. Mo. 1992).published(officer of federally regulated national bank lacked standing)
- Andrew J. Wagner v. Daewoo Heavy Indus., 314 F.3d 541 (11th Cir. 2002).published
Show 3 more citing cases
- United States v. Sheila Lou Garlock, Now Known as Sheila Lou Vorba, 19 F.3d 441 (8th Cir. 1994).published
- Wagner v. Daewoo Heavy Indus. Am. Corp., 289 F.3d 1268 (11th Cir. 2002).published
- Worthington Fed. Bank v. Everest Nat'l Ins., 110 F. Supp. 3d 1211 (N.D. Ala. 2015).published
At page 931 Applying state action concepts to bivens claims10 citing cases[T]he concept of action under color of federal law for purposes of a Bivens action is almost identical to the doctrine of action under color of state law for purposes of a § 1983 action....
- Antonietta Brino v. JFK Med. Ctr. Ltd. P'ship, No. 18-13777 (11th Cir. Mar. 21, 2019).unpublishedBoth Bivens and § 1983 claims have governmental action as one of their elements, see Wood v. Kesler, 323 F.3d 872 , 3 Case: 18-13777 Date Filed: 03/21/2019 Page: 4 of 6 882 n.16 (11th Cir. 2003) (observing that § 1983 applies to “state act…
- Klayman v. Obama, 125 F. Supp. 3d 67 (D.D.C. 2015).publishedWilliams v. Hill, 74 F.3d 1339, 1340 (D.C.Cir.1996); Morast v. Lance, 807 F.2d 926, 931 (11th Cir.1987).
- Pollard v. the GEO Grp., Inc., 629 F.3d 843 (9th Cir. 2010).published ([T]he concept of action under color of federal law for purposes of a Bivens action is almost identical to the doctrine of action under color of state law for purposes of a § 1983 action....)
- Pollard v. Geo Grp., Inc., 607 F.3d 583 (9th Cir. 2010).published ([T]he concept of action under color of federal law for purposes of a Bivens action is almost identical to the doctrine of action under color of state law for purposes of a § 1983 action....)
- Jatoi v. Guar. Fed., No. 99-10729 (5th Cir. May 24, 2000).unpublished
- Chin v. Bowen, 833 F.2d 21 (2d Cir. 1987).published
- Harrell G. Andrews v. Fed. Home Loan Bank of Atlanta, 998 F.2d 214 (4th Cir. 1993).published
- Chin v. Bowen, 655 F. Supp. 1415 (S.D.N.Y. 1987).published
- Smith v. United States, 850 F. Supp. 984 (M.D. Fla. 1994).published
- Chin v. Bowen, 833 F.2d 21 (2d Cir. 1987).published
v.
T. Bertram LANCE, Et Al., Defendants-Appellees
Robert Morast filed this action against Calhoun First National Bank alleging that he was wrongfully fired from his position at the bank in violation of his constitutional rights, his rights under federal civil rights statutes, his rights under the National Banking Act, his rights under federal and state RICO statutes, and public policy. The district court dismissed Morast’s nine-count complaint for failure to state a claim upon which relief can be granted and lack of subject matter jurisdiction. We affirm.
I. FACTUAL BACKGROUND
Morast served as executive vice-president for defendant bank for four years. As executive vice-president he was responsible for the operation of the bank’s branch offices. Morast also served as president and member of the board of directors of Northwest Georgia Computer Services (NGCS), a wholly owned subsidiary of the defendant bank. Morast received praise for his job performance in both capacities. [1]
On October 12, 1984 Morast was notified by Marvin Taylor and Lamar Harrison, other officers of defendant bank, of an irregular transaction in the bank accounts of Bert Lance, then chairman of the board of directors of the bank. On October 10 Bert Lance’s personal secretary had requested the defendant bank to issue a cashier’s check for $86,000 from the account of Bev[*929] erly Lance, Bert Lance’s son, payable to The Kris Company, a corporation owned by Bert Lance’s family. The defendant bank issued the cashier’s check against no offsetting funds. Upon further inquiry, Mor-ast learned that as of October 12 the bank had received no funds from Bert Lance or Beverly Lance to offset the cashier’s check.
Acting upon the advice of the defendant bank’s attorney, James Langford, and one of the bank’s directors, J.C. Maddox, Mor-ast reported the irregular transaction to the Comptroller of the Currency, as required by the National Banking Act. Mor-ast also cooperated fully with the Comptroller’s subsequent investigation.
On June 12, 1985 Morast was fired from his positions at the defendant bank and NGCS. Morast alleges in his complaint that his discharge was without justification and was purely in retaliation for his reporting the irregular transaction and cooperating with the subsequent investigation. Morast’s complaint contains nine counts, six of which are federal claims and three of which are pendent state claims. We lack subject matter jurisdiction over these claims. [2] Although we believe it is wrong to discharge a bank officer in retaliation for his reporting a banking violation, it is up to Congress, not the courts, to provide for an effective remedy.
II. DISCUSSION
A. Federal causes of action
The district court did not have subject matter jurisdiction merely because the defendant bank was a federally chartered bank. See Southern Electric Steel Co. v. First Nat’l Bank of Birmingham, 515 F.2d 1216, 1217 (5th Cir.1975). Therefore, the district court could obtain subject matter jurisdiction only if one or more of Mor-ast’s claims involved a question of federal law.
1. Violation of 4% U.S.C. § 1985(1)
Section 1985(1) prohibits, in relevant part, the following conspiracies:
If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof____
42 U.S.C. § 1985(1) (1982). The purpose of this section is to proscribe conspiracies that interfere with the performance of official duties by federal officers. Kush v. Rutledge, 460 U.S. 719, 724, 103 S.Ct. 1483, 1486, 75 L.Ed.2d 413 (1983). Morast contends that as a bank officer, he was a person holding “any office, trust, or place of confidence under the United States.” Although national banks are heavily regulated by federal statutes and regulations, and although national bank officers have a legal obligation to ensure that their banks comply with these laws and regulations, national banks are not so much the “instrumentalities” of the federal government that its officers are agents of the federal government. See Canlis v. San Joaquin Sheriffs Posse Comitatus, 641 F.2d 711, 717-18 (9th Cir.), cert. denied, 454 U.S. 967, 102 S.Ct. 510, 70 L.Ed.2d 383 (1981). [3]
2. Violation of 42 U.S.C. § 1985(2)
Section 1985(2) prohibits, in relevant part, the following conspiracies:
If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or wit[*930] ness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified____
42 U.S.C. § 1985(2) (1982). Morast alleges that the defendants tried to deter him from testifying at a hearing before the Office of the Comptroller of the Currency (OCC). Morast contends that because such testimony was “in a matter pending in federal court pursuant to continuing Judgment and Orders of the United States District Court for the Northern District of Georgia,” the conspiracy related to testimony before “any court of the United States.”
Section 1985(2) applies only if the conspiracy attempted to prevent the witness from attending or testifying in federal court. Kimble v. D.J. McDuffy, Inc., 648 F.2d 340, 348 (5th Cir.) (en banc), cert. denied, 454 U.S. 1110, 102 S.Ct. 687, 70 L.Ed.2d 651 (1981). Morast’s testimony was before the OCC, an administrative agency, not a federal court.
Even if Morast’s testimony before the OCC is sufficient here, Morast has not alleged that the defendants conspired to stop him from attending or testifying at the hearing “by force, intimidation, or threat.” Morast contends only that defendants retaliated against him with angér and vindictiveness, extensive questioning regarding leaks to the press, exclusion from board meetings, and a decreased workload. [4]
Finally, to make out a cause of action under § 1985(2) the plaintiff must have suffered an actual injury. Because Morast was an at will employee, see 12 U.S.C. § 24 (Fifth); O.C.G.A. § 34-7-1 (1981), he had no constitutionally protected interest in continued employment. Therefore, Morast’s discharge did not constitute an actual injury under this statute.
3. Violation of 42 U.S.C. § 1986
Because a § 1986 action is predicated on a successful conspiracy action under § 1985, Morast has no cause of action under § 1986.
4. “Bivens” action
Morast alleges that he has a claim against the defendants for First and Fifth Amendment violations pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). In Bivens the Supreme Court held that private citizens have a cause of action for damages for Fourth Amendment violations by federal officers acting under color of federal law, notwithstanding the absence of a congressionally authorized cause of action. Courts have extended this principle to plaintiffs seeking to bring actions under the Fifth Amendment, see Davis v. Passman, 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979), the Eighth Amendment, see Carlson v. Green, 446 U.S. 14, 100 S.Ct. 1468, 64 L.Ed.2d 15 (1980), and the First Amendment, see, e.g., Dellums v. Powell, 566 F.2d 167 (D.C.Cir.1977), cert, denied, 438 U.S. 916, 98 S.Ct. 3146, 57 L.Ed.2d 1161 (1978).
Assuming that a plaintiff can assert a Bivens action against a private party, [5] the[*931] defendants did not act under color of federal law here.
Because the concept of action under col- or of federal law for purposes of a Bivens action is almost identical to the doctrine of action under color of state law for purposes of a § 1983 action, we will apply the concepts of state action to Morast’s Bivens claim. In Burton v. Wilmington Parking Auth., 365 U.S. 715, 81 S.Ct. 856, 6 L.Ed.2d 45 (1961) the Supreme Court held that whether state action is involved depends on the particular circumstances of the case. The Court explained that “to fashion and apply a precise formula for recognition of state responsibility ... is an ‘impossible task’ which ‘This Court has never attempted.’ ” Id. at 722, 81 S.Ct. at 860 (quoting Kotch v. Board of River Port Pilot Comm’rs, 330 U.S. 552, 556, 67 S.Ct. 910, 912, 91 L.Ed. 1093 (1947)). Although there is still no precise formula for evaluating state action, essentially three tests have emerged since Burton: (1) the symbiotic relationship test; (2) the public function test; and (3) the nexus test.
The actions by the defendants clearly do not meet the first two tests. Under the symbiotic relationship test, sometimes called the joint action test, the court must consider whether the government “has so far insinuated itself into a position of interdependence with [the private party] that it must be recognized as a joint participant in the challenged activity.” Id. at 725, 81 S.Ct. at 862. Although defendant bank was a nationally chartered bank, it did not act jointly with the federal government; nor was it so interrelated with the federal government that they were in effect one entity. See Hammond v. University of Tampa, 344 F.2d 951 (5th Cir.1965).
Under the public function test, state action is present where the government has delegated to a private party a power “traditionally exclusively reserved to the State.” Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 157, 98 S.Ct. 1729, 1734, 56 L.Ed.2d 185 (1978) (quoting Jackson v. Metro. Edison Co., 419 U.S. 345, 352, 95 S.Ct. 449, 454, 42 L.Ed.2d 477 (1974)). Banking is not a “traditionally exclusively reserved” function of the state.
Finally, and most importantly, the defendants’ actions do not meet the nexus test. Under this test, “the inquiry must be whether there is a sufficiently close nexus between the State and the challenged action of the regulated entity so that the action of the latter may be fairly treated as that of the State itself.” Jackson, 419 U.S. at 351, 95 S.Ct. at 453. In Jackson the Supreme Court considered whether a private utility company’s termination of services to one of its customers constituted state action. The Court held that although the private utility company was heavily regulated and had a monopoly in the community, there was no state action because there was an insufficient relationship between the state and the public utility to conclude that the utility acted for the state. Id. at 351-52, 95 S.Ct. at 453-54; see also Sims v. Jefferson Downs, Inc., 611 F.2d 609 (5th Cir.1980); Golden v. Biscayne Bay Yacht Club, 530 F.2d 16 (5th Cir.) (en banc), cert. denied, 429 U.S. 872, 97 S.Ct. 186, 50 L.Ed.2d 152 (1976).
The federal government played no part in the defendants’ decision to fire Morast. “[A] State normally can be held responsible for private decisions only when it has exercised coercive power or h|s provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of the State.” Rendell-Baker v. Kohn, 457 U.S. 830, 840, 102 S.Ct. 2764, 2771, 73 L.Ed.2d 418 (1982) (quoting Blum v. Yaretsky, 457 U.S. 991, 1003, 102 S.Ct. 2777, 2785, 73 L.Ed.2d 534 (1982)); see also Carlin Communication, Inc. v. [*932] Southern Bell Tel. & Tel. Co., 802 F.2d 1352 (11th Cir.1986).
5. Violation of 12 U.S.C. § 93
Section 93 provides that if the directors of a national bank knowingly violate, or permit its officers to violate, any provision of the National Banking Act, “every director who participated in or assented to the same shall be held liable in his personal and individual capacity for all damages which the association, its shareholders, or any other person, shall have sustained in consequence of such violation.” 12 U.S.C. § 93(a) (1982). Although some courts have permitted shareholders directly injured by banking violations to bring actions in their own behalf or on behalf of the bank, see, e.g., Chesbrough v. Woodworth, 244 U.S. 72, 37 S.Ct. 579, 61 L.Ed. 1000 (1917), such cases have not created a general private remedy for a violation of § 93. Private actions are permitted only where the individual suffered injuries “in consequence of” the violations. As discussed above, Morast suffered no actual injury in consequence of the defendants’ violations because he was an at will employee and therefore had no legitimate expectation of continued employment.
Even if Morast suffered an actionable injury, he lacks standing to bring an action under § 93. [6] In Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975) the Supreme Court established a test for determining whether a private right of action should be implied:
First, is the pláintiff “one of the class for whose especial benefit the statute was enacted,” — that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? And finally, is the cause of action one traditionally relegated to state law, in an area basically the concern of the States, so that it would be inappropriate to infer a cause of action based solely on federal law?
Id. at 78, 95 S.Ct. at 2088 (quoting Texas & Pacific R.R. v. Rigsby, 241 U.S. 33, 39, 36 S.Ct. 482, 484, 60 L.Ed. 874 (1916)) (citations omitted).
Morast’s § 93 claim fails this test. First, § 93’s use of the. phrase “or any other person” does not appear to encompass employees in its intended scope. Second, 12 U.S.C. § 24 (Fifth) provides that the board of directors can dismiss the bank’s officers “at pleasure,” which suggests a legislative intent not to provide Morast with this type of remedy for wrongful discharge. [7] Third, such a remedy is inconsistent with the legislative scheme because Morast was properly terminated by the defendant bank’s board of directors. Finally, actions for wrongful termination are traditionally relegated to state law.
6. Violation of 18 U.S.C. § 1964 (RICO)
Morast alleges that he was discharged because of a conspiracy in violation of 18 U.S.C. § 1964 (1982). The Supreme Court has explained the requirements of a § 1964 RICO action as follows:
Where the plaintiff alleges each element of the violation, the compensable injury necessarily is the harm caused by predicate acts sufficiently related to constitute a pattern, for the essence of the violation is the commission of those acts in connection with the conduct of an enterprise____ Any recoverable damages[*933] occurring by reason of a violation ... will flow from the commission of the predicate acts.
Sedima v. Imrex Co., 473 U.S. 479, 105 S.Ct. 3275, 3286, 87 L.Ed.2d 346, 359 (1985) (emphasis added). According to Sedima, a plaintiff has standing to sue only “to the extent that, he has been injured ... by the conduct constituting the violation.” Id. Morast contends that the only way defendants could continue their illegal scheme was to rid the bank of those people who would not “go along” with the plan.
Morast was not fired because he refused to participate in the bank’s illegal scheme; therefore, Morast’s injury, his discharge, did not flow directly from the predicate acts, the defendants’ banking violations. [8] As the district court noted, Morast is not using the RICO statutes to stop the alleged illegal practices; rather, he is attempting to use the RICO statutes as a source of recovery for the loss of his job.
B. State causes of action
Because the district court lacked subject matter jurisdiction over Morast’s federal claims, it lacked jurisdiction over his pendent state claims. Even if the district court had jurisdiction over his pendent state claims, however, it properly dismissed the pendent claims for failure to state a claim upon which relief can be granted.
1. Violation of O.C.G.A. § 16-)-) (RICO)
Because Georgia’s RICO statutes are essentially identical to the federal RICO statutes, the district court properly dismissed Morast’s Georgia RICO claim.
2. Tortious interference with employment rights
Under O.C.G.A. § 34-7-1 (1981), “an indefinite hiring may be terminated at will by either party.” In Georgia, therefore, an employer may discharge an at will employee “with or without cause and regardless of its motives.” Elliott v. Delta Air Lines, Inc., 116 Ga.App. 36, 156 S.E.2d 656, 657 (1967). Morast contends that defendant bank directors were third parties in relation to his employment at NGCS and thus their role in his discharge was in tortious interference with employment rights by a third party.
Morast admitted in his complaint that NGCS was a wholly owned subsidiary of the bank and was under the control of the defendant bank board of directors. Therefore, as the district court concluded, “[i]t is difficult to perceive how the defendants could thus have acted as third parties in removing plaintiff from both positions of employment.” Morast v. Lance, 631 F.Supp. 474, 482 (N.D.Ga.1986).
Morast further contends, though, that the defendant bank directors acted as third parties because by piercing the “corporate veil,” it becomes apparent that their actions evidenced a personal motivation. The Georgia Supreme Court has held that a party with the absolute right to discharge an employee, like the defendant board of directors here, cannot be held liable for wrongful discharge, regardless of his motives. Georgia Power Co. v. Busbin, 242 Ga. 612, 250 S.E.2d 442, 444 (1978). Such a party may be held liable only if he lacked the actual authority to fire the employee. Taylor v. Foremost-McKesson, Inc., 656 F.2d 1029, 1032 (5th Cir. Unit B 1981). David Lance, as president and chief executive officer of the defendant bank, director on the board of the defendant bank, and a member of the board of directors of NGCS, did not act beyond the scope of his authority when he notified Morast that he was terminated from NGCS.
3. Violation of public policy
Although other states have modified their at will doctrines, Georgia has steadfastly refused to limit judicially the Georgia at will doctrine. Morast has of[*934] fered no compelling reasons why this court should overrule the express intent of the Georgia courts and legislature.
AFFIRMED.
. For purposes of a motion to dismiss, we must accept all of the allegations in the complaint as true. Land v. Dollar, 330 U.S. 731, 735 n. 4, 67 S.Ct. 1009, 1011 n. 4, 91 L.Ed. 1209 (1947); Delesdernier v. O’Rourke & Warren Co., 305 F.2d 929, 929 (5th Cir.1962).
. The district court granted the defendants’ motions to dismiss the action, which included motions for failure to state a claim upon which relief can be granted and lack of subject matter jurisdiction. Although the district court did not specify on which ground it dismissed the action, we find that the district court lacked subject matter jurisdiction. We note, however, that for the same reasons the complaint also fails to state a claim upon which relief can be granted.
. Even if Morast was a federal officer for purposes of § 1985, this section was not intended to provide a remedy for economically motivated conspiracies. See United Brotherhood of Carpenters & Joiners, Local 610 v. Scott, 463 U.S. 825, 837, 103 S.Ct. 3352, 3360, 77 L.Ed.2d 1049 (1983).
. The remainder of Morast’s list of “retaliations” are conclusory in nature and are not specific examples of acts to deter testimony or attendance "by force, intimidation, or threat."
. The Supreme Court has never considered a Bivens action against a private party. Three circuits, however, have held that an action for damages for a constitutional violation by a private party is permissible provided that the private party acted under the color of federal law. See Reuber v. U.S., 750 F.2d 1039 (D.C.Cir.1984); Dobyns v. E-Systems, Inc., 667 F.2d 1219 (5th Cir.1982); Yiamouyiannis v. Chemical Abstracts Serv., 521 F.2d 1392 (6th Cir.1975). Several other circuits have discussed the issue favorably but declined to so hold because either there was an insufficient allegation of a constitutional violation or the private party did not act under color of federal law. See, e.g., Writers Guild of America, West, Inc. v. American Broadcasting Co., 609 F.2d 355 (9th Cir.1979), cert. denied, 449 U.S. 824, 101 S.Ct. 85, 66 L.Ed.2d 27 (1980); McNally v. Pulitzer Publishing Co., 532 F.2d 69 (8th Cir.), cert. denied, 429 U.S. 855, 97 S.Ct. 150, 50 L.Ed.2d 131 (1976). Two circuits have refused to permit Bivens actions against private[*931] parties. See Fletcher v. Rhode Island Hosp. Trust Nat'l Bank, 496 F.2d 927 (1st Cir.), cert. denied, 419 U.S. 1001, 95 S.Ct. 320, 42 L.Ed.2d 277 (1974); Stevens v. Morrison-Knudsen Saudi Arabia Consortium, 576 F.Supp. 516 (D.Md. 1983), aff'd, 755 F.2d 375 (4th Cir.1985). Interestingly, in Fletcher the private party was a national bank. The First Circuit held without explanation that a Bivens action was not possible against a private party even if it acted under color of federal law. Fletcher, 496 F.2d at 932 n. 8.
. Because standing is jurisdictional in nature, the effect of dismissing for lack of subject matter jurisdiction or lack of standing is identical. See C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3571 (1984).
. 28 U.S.C. § 1348 provides for original federal jurisdiction in certain types of actions involving national banks. The section further provides that "for the purposes of all other actions,” national banks should be treated like citizens of the state in which they are located, which suggests a legislative intent not to provide a federal forum for these "other” types of actions.
. Callan v. State Chemical Mfg. Co., 584 F.Supp. 619 (E.D.Pa.1984) is inapposite because the plaintiffs in Callan, unlike Morast, were fired because they refused to participate in the illegal company policy.