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Mondelus v. August West Dev. LLC

Mail, Wire Fraud Inadequately Pleaded as RICO Predicates in Breach Suit Over Foreclosure

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MEMORANDUM AND ORDER Plaintiffs Marie Mondelus and Antoine Jean, by his Legal Guardian Miriam Davidson,¹ bring the instant action against Defendants August West Development, LLC (“August West”), Frank Bee, Eli Mashieh (collectively, the “August West Defendants”); and Jason Steinberg (together with the August West Defendants, “Defendants”), for false personation of a federal officer in violation of 18 U.S.C. §912, and for violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1962(c). The August West Defendants and Steinberg each moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the amended complaint in its entirety. BACKGROUND² Plaintiffs Antoine S. Jean and Marie Mondelus are senior, Haitian immigrants who have been married for over 45 years. (Am. Compl. (“Compl.”)

5-6, ECF No. 19.) Plaintiffs reside in Brooklyn, New York, as tenants by entirety of 1262 Hancock Street (the “Residence”). (Id. 6.) On or about October 4, 2015, Defendants Frank Bee and Eli Mashieh, whom are principals and managing members of Defendant August West Development, LLC, arrived at the Residence, and introduced themselves to Plaintiffs as employees of the United States Department of Housing and Urban Development (“HUD”). (Id.

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