You received a motion to motion how do you respond. (if you a defendant and have not filed a motion, a simple question, why).
1. Simple Statement
You need to lay out the claim in a simple and understandable fashion. Do not take language from another brief about enterprise, predicate claims, etc, throw it in and assume that will be sufficient. This means you must briefly but clearly explain the predicate acts.
2. No judge, you are not supposed to assess credibility or adjudge the claim
Your brief should not that the judge’s task is simply to determine whether a claim has been set forth and supported.
3. Explanation of fraud
Your client may explain that the fraud is clear and the judge will be shocked at the fraud. Put that in the same category as the friend who says his high schooler will be playing in the NBA. A safe assumption is that the claim will be thoroughly scrutinized, indeed criticized, with a substantial possibility it will be deemed insufficient. A safe course is to contact your client at least 10 times, by email, letter, and call, and ask for more specificity and clarity in his allegations, asking what document supports the allegations. Note the largest fraud in history, Madoff, was the subject of repeated complaints by a knowledgeable observer saying it was a Ponzi scheme and those were repeatedly rejected as conclusory and unsupported.
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