RICO ENTERPRISE — DUAL-BANK FINANCIAL-INSTITUTION ARCHITECTURE

The pleaded enterprise is an association-in-fact under 18 U.S.C. § 1961(4).

It is distinct from:

• Two Sisters Dairy LLC;
• Anastasia Anne Thiele;
• each separately identified RICO person;
• and the operating dairy enterprise identified in the § 1962(b) control theory.

Two Sisters Dairy LLC and Anastasia Anne Thiele are the injured business and property holders. They are not pleaded as members of the association-in-fact enterprise.

The asserted common purpose was pursued through complementary functions:

1. controlling company information, books, accounts, revenue, and governance;
2. increasing and enforcing the operating-line balance of $6,146,401.90;
3. expanding and enforcing real-property and business collateral;
4. imposing forbearance fees, paydown requirements, transaction deadlines, and consent conditions;
5. preparing the buyer entity, appraisal, possession rights, and purchase structure;
6. disposing of the herd, land, equipment, and operating assets;
7. routing sale, closing, exchange, and creditor-pool proceeds;
8. financing the Martins-affiliated acquisition; and
9. refinancing and maintaining the acquired position.

2013 | OPERATING AND COLLATERAL BASELINE

The record identifies the dairy-operation, creditor, account, real-property collateral, and accounting relationships through which the business and its assets were operated and financed.

2019 | DOCUMENTED CROSS-BANK COLLATERAL DEALINGS

Bank of the West requested AgTexas’s execution of the proposed Consent to Easement.

AgTexas denied the request. The instrument was not issued or executed.

Twenty-eight days later, Bank of the West recorded Deed of Trust No. 2019-05501, including road-easement and related covenant rights across the collateral identified in the unsigned consent materials.

2021–2024 | TRANSFEREE FINANCING, POSSESSION & ACQUISITION

AgTexas financed Martins-affiliated entities beginning September 16, 2021.

The transaction record then proceeds through:

• buyer-entity formation;
• appraisal;
• exclusive transaction arrangements;
• possession effective April 7, 2023;
• July 26, 2024 acquisition;
• and BMO acquisition financing.

2025–MAY 5, 2026 | REFINANCING & RELEASE

AgTexas refinanced the acquired position for $33,000,000 on November 26, 2025.

BMO terminated its UCC and released its deeds of trust. The recorded Martins-affiliated facility later totaled $118,696,740.50 across ten notes and five cross-guaranteed entities.

ENTERPRISE PERIOD ASSERTED — 2013–MAY 5, 2026

The 2010 bankruptcy receivable and 2014 verified complaint may remain as historical relationship context, but they should not be used to extend the pleaded enterprise period unless the associated persons, functions, and common purpose are connected to those earlier events.

The enterprise showing does not depend on formal meetings, a named leader, fixed job titles, written membership rules, or a chain of command.

It rests on:

• the identified common purpose;
• direct relationships among the associates;
• recurring and complementary functions;
• repeated use of the same collateral, accounts, property, transferee, and transaction channels;
• and longevity sufficient to prepare, execute, finance, and maintain the transferred position.

GOVERNING STANDARD

18 U.S.C. § 1961(4)

Boyle v. United States, 556 U.S. 938, 944–48 (2009)

CLAIMANT AND ENTERPRISE SEPARATION

TWO SISTERS DAIRY LLC — Injured operating business and property holder. Not pleaded as the association-in-fact enterprise.

ANASTASIA ANNE THIELE — Injured individual property holder and sole member. Not pleaded as the association-in-fact enterprise.

CONTROLLING AUTHORITY

St. Paul Mercury Insurance Co. v. Williamson, 224 F.3d 425, 445–47 (5th Cir. 2000)

Cedric Kushner Promotions, Ltd. v. King, 533 U.S. 158, 161–64 (2001)

The enterprise’s activities affected interstate commerce through identified banking, wire, carrier, lending, auction, escrow, and commercial channels, including:

• a proceeds assignment connecting a Texas dairy operation, an Alabama counterparty address, and a California bank lockbox;
• electronic transfer of dairy proceeds;
• Fedwire transfers from Texas to Florida;
• interstate delivery carriers and tracking records;
• a California auctioneer’s herd-disposition contract;
• federally regulated banking and Farm Credit institutions;
• Idaho borrower entities;
• and a Dairy Producer Milk Supply Agreement with Borden Dairy Company, identified in the agreement as a Delaware company.

The commerce showing rests on the interstate counterparties, financial institutions, electronic transfers, carriers, contractual channels, and transaction instruments—not on an assertion that the raw milk itself physically left Texas.