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FINANCIAL TRUST CO., INC. v. CITIBANK, N.A.

No. CIV.2002-108.

351 F.Supp.2d 329 (2004)

FINANCIAL TRUST COMPANY, INC. and Jeffrey E. Epstein, Plaintiffs, v. CITIBANK, N.A. and Citigroup, Inc. d/b/a "Citigroup," Defendants.

District Court of the Virgin Islands, Appellate Division. D. St. Thomas and St. John,

December 30, 2004.

Attorney(s) appearing for the Case

Maria Tankenson Hodge, Esq., Hodge & Francois, St. Thomas, VI, for plaintiffs.

Gregory H. Hodges, Esq., Dudley, Topper and Feuerzeig, LLP, St. Thomas, VI, for defendants.

MEMORANDUM OPINION

MOORE, District Judge.

Defendants have moved to dismiss the second amended complaint for failure to meet Federal Rule of Civil Procedure 9(b)'s heightened pleading requirement for fraud and for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6).

I. Factual and Procedural History

In their second amended complaint, Jeffrey E. Epstein and Financial Trust...

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