Epstein Secrets

r the plain- tiffs to amend their pleadings. I. FACTUAL AND PROCEDURAL BACKGROUND In their amended complaint, Jeffrey E. Epstein ("Epsteinn and Financial Trust Company, Inc. ("Fr) (collectively "plain- tiffs") allege that Citibank, N.A. ("Citi- bank") and Citigroup, Inc. ("Citigroup"I [collectively "defendants"] misrepre

itch book" referenced in the amended complaint is the document that plaintiffs rely on is a disputed fact that precludes a Rule 12(bX6) dismissal. Financial Trust Co., 268 F.Supp.2d at 572. Nothing in any of the briefs have convinced me that the parties do not dispute which pitch book Epstein received, what disc

ed to meet Federal Rule of Civil Proce- dure 9(b)'s heightened pleading standard. I did, however, grant the plaintiffs leave to amend the complaint Financial Trust Co.' Citibank, 268 F.Supp.2d 661 (D.Vir- gin Islands 2003). H. LEGAL ANALYSIS A. Federal Rule of Civil Procedure 9(b) (1-31 In order to state a viable

he person to whom it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff acted upon it to his damage." Shapiro I UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir.1992). Although the rule does not require a recitation of "every material detail" of the alleged fraud, it does require

On November 27, 2002, I issued an order restraining Citibank and Citigroup from pursuing their New York lawsuit pending decisions on these motions. Financial Trust Co., Inc. v. Citibank, N.A., Order, Civ. No. 2002-108 (D.V.I. Nov. 27, 2002). In light of subsequent events, however, I sua sponte vacated this prohibition.

73, 879-80 (3d Cir. 1995). Considering the totality of the circumstances surrounding this case, I make the following findings. First, Epstein and Financial Trust have selected this forum, and they are residents of the Virgin Islands with strong ties to this community. Epstein owns a seventy-acre island, and

the person to whom it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff acted upon it to his damage." Shapiro v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992). Although the rule does not require a recitation of EFTA01726537 Financial Trust Co., Inc. v. Citibank, N.A. C

damages. Plaintiffs have thus alleged enough information to survive a Rule 12(b)(6) motion on Case No. 08-80736-CV-MARRA P-000727 EFTA00228107 k Financial Trust Co. v. Citibank Civil No. 02-108 Memorandum Opinion Page 9 their fraud claims. C. The Mass .Mutual Investment Claims Although it is unclear from t

erentiate the counts between the Mass Mutual and AIG funds as defendant attempts to do. Case No. 08-80736-CV-MARRA P-000729 EFTA00228109 I .• Financial Trust Co. Inc. I. Citibank Civ. No. 2002-108 Memorandum Opinion Page 11 ENTERED this 30th day of December, 2004. FOR THE COURT: /s/ Thomas K. Moore Distri

it should be acted upon; and (5) that the plaintiff acted upon it to his damage.'" Financial Trust Co., 268 F. Supp.2d at 575 (quoting Shapirio v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992)). The defendants base their argument that plaintiffs have failed to state a claim upon which relief can be grant

iled to meet Federal Rule of Civil Procedure 9(b)'s heightened pleading standard. I did, however, grant the plaintiffs leave to amend the complaint. Financial Trust Co. v. Citibank, 268 F. Supp.2d 561 (D.V.I. 2003). For internal use only SDNY_GM_00064428 CONFIDENTIAL - PURSUANT TO FED. R.CON(F IDENTIAL DB-SDNY-00

should be acted upon; and (5) that the plaintiff acted ("8] upon it to his damage."' Financial Trust Co., 268 F. Supp.2d at 575 (quoting Shapiro v. UJB Fin. Corp., 964 F.2d 272, 284 (3d Cir. 1992)). The defendants base their argument that plaintiffs have failed to state a claim upon which relief can be grant