Plaintiff filed a complaint against Defendants for alleged investment fraud asserting violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and various state law claims, among others. In a 52 page decision, the Honorable Lewis J. Liman, United States District Judge for the Southern District of New York, granted Defendants’ motion to dismiss holding that Plaintiff failed to (i) satisfy his burden of proof to sustain claims under RICO; and (ii) satisfy the requirement of Rule 9(b) to please claims of fraud with particularity. Accordingly, the Court also held that Plaintiff failed to satisfy a showing of federal court jurisdiction. Dr. William Bongiorno et al. v. William Banquet, et al., No. 20-cv-7288 (LJL)(S.D.N.Y. September 20, 2021).
We Will Be There For Every Legal Obstacle You Face
Southern District of New York Grant’s Motion to Dismiss Rico Claims
On Behalf of Paykin Krieg & Adams, LLP | Sep 21, 2021 | BLOG, NEWS ARTICLE
Recent Posts
- Supreme Court Grants Permission to Pierce Family Trust to Collect Debts Owed
- Supreme Court Grants Motion to Vacate Contempt
- Second Department Upholds Denial of Cross-Motion for Summary Judgment on Conversion Claim
- Supreme Court Holds Complaint May Reference Language from No Admit Settlement with Regulatory Bodies
- Supreme Court Finds Complaint Sufficiently Pled Alter Ego Claim