Commercial Litigation and Arbitration

RICO Pleading — 9(b) Requirements for Alleging Mail/Wire Fraud

Wayne Johnson for Cong., Inc. v. Hunt, 2024 U.S. App. LEXIS 2850, 2024 WL 471938 (11th Cir. Feb. 7, 2024) (unpublished):


When a complaint “is based on an alleged pattern of racketeering consisting entirely of the predicate acts of mail and wire fraud, the[ ] substantive RICO allegations must comply ... with [Federal Rule of Civil Procedure] 9(b)’s heightened pleading standard.” Am. Dental Ass’n, 605 F.3d at 1291. Rule 9(b)’s heightened pleading standard requires that “a party must state with particularity the circumstances constituting fraud[.]” Id. (quotations omitted). To satisfy Rule 9(b) in the RICO context, “a plaintiff must allege: (1) the precise statements, documents, or misrepresentations made; (2) the time, place, and person responsible for the statement; (3) the content and manner in which these statements misled the Plaintiffs; and (4) what the defendants gained by the alleged fraud.” Id. (quotation omitted).

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