This Court agrees with Plaintiffs because, although the Fourth Circuit has not directly addressed the issue, it has implicitly adopted their approach. See United States v. Najjar, 300 F.3d 466 (4th Cir. 2002) ("[P]rinciples of corporate liability apply in the RICO context."); United States v. Knox, No. 02-CR-00009, 2003 WL 22019046, at *3-4 (W.D. Va. Aug. 22, 2003) (explaining the import of Najjar). Under principles of corporate liability, Plaintiffs have created a genuine dispute of fact that First Mariner was liable for Bowen's acts as a loan officer.

Tryco Trucking Co. v. BelkStores Servs., Inc., 634 F.Supp. 1327, 1334 (W.D.N.C. 1986) ("RICO envisions respondeat superior liability."); Michelin N. Am., Inc. v. Inter City Tire & Auto Ctr., Inc., No. CV 6:13-1067-HMH, 2015 WL 12843918, at *3 (D.S.C. Jan. 20, 2015) ("[T]here are genuine issues of material fact as to whether [Defendants' agents] were acting with actual or apparent authority when they engaged in the buyback scheme and whether that conduct benefitted [Defendants]. Accordingly, [Defendants'] motion for partial summary judgment on the issue of vicarious liability is denied."); United States v. Knox, No. 7:02CR00009, 2003 WL 22019046, at *4 n.1 (W.D.Va. Aug. 22, 2003) (permitting respondeat superior liability). These decisions are also in line with the majority of United States Courts of Appeals to have ruled on the issue, which have generally permitted corporations to be held vicariously liable for RICO violations committed by their employees on the basis of respondeat superior.

793 F.2d at 32. In United States v. Knox, No. 7:02CR00009, 2003 WL 22019046, at *4 (W.D.Va. Aug. 22, 2003), an unpublished case, the district court found in a criminal RICO case that the corporate enterprise could, on the basis of respondeat superior, also properly be named as a defendant. In reaching this conclusion, the court looked to the Fourth Circuit's pronouncement in United States v. Najjar, 300 F.3d 466, 484 (4th Cir.2002) that “principles of corporate liability apply in the RICO context.”

Relying on United States v. Najjar, the court held that "although the indictment describes [the corporation] as the enterprise, based on respondeatsuperior it properly may be a defendant as well." No. Cr. 7:02CR00009, 2003 WL 22019046 (W.D. Va. Aug. 22, 2003).Id., at *2.