dates given as to the initiation of the scheme ("late 1975 or early 1976," Amended Complaint para. 21), the complaint contains no dates as to when the mailings of the allegedly fraudulent offering memoranda occurred. The plaintiffs also assert that fraudulent information was communicated by wire but fail to allege when such communications occurred, the content of the communications, or who made them. The defendant cannot respond to the conclusory allegations set forth in paragraphs 42(b) and (c) of the Amended Complaint. The plaintiffs will be required to plead with greater specificity both as to the mail and wire fraud allegations.
Defendant Weinstein further contends that the plaintiffs failed to properly allege that there was a pattern of racketeering activity. However, repeated acts of mail fraud or wire fraud would constitute a pattern of racketeering activity under the statute and the plaintiffs have alleged at least that much. 18 U.S.C. § 1961(5).
Finally, in connection with the RICO claim, defendant Weinstein contends that "plaintiffs have not alleged any specific activity on the part of Weinstein which would connect him to the alleged scheme of Gagnon, Boyers and Wasserstrom." (Motion of David Weinstein, p. 11.) This assertion is directed toward the conspiracy allegations. A fair reading of the "Operative Facts" section of the Amended Complaint (paras. 21-34) reveals fairly specific allegations as to the scheme and Weinstein's alleged connection to it.
Before reaching defendant Weinstein's motion regarding the Securities Act allegations, we shall turn to defendants Wasserstrom, W & C, and P, W, C, & M's RICO motions. They contend that RICO is to be applied to alleged involvement of organized crime. This circuit has taken the view that in criminal cases "the Government need not prove that a RICO defendant is a member of 'organized crime.'" United States v. Vignola, 464 F. Supp. 1091, 1096 (E.D.Pa.), aff'd mem., 605 F.2d 1199 (3d Cir.1979), cert. denied 444 U.S. 1072, 100 S. Ct. 1015, 62 L. Ed. 2d 753 (1980). See also United States v. Forsythe, 560 F.2d 1127 (3d Cir.1977). The elements of the offense or claim under RICO are the same whether the case is civil or criminal. Eaby v. Richmond, 561 F. Supp. 131 (E.D.Pa.1983). The defendants' first argument, then, must be rejected in accordance with the precedent in this circuit.
The defendants next argue that the complaint fails adequately to allege a causal link between the plaintiffs' injuries and a violation of 18 U.S.C. § 1962. The defendants argue that the civil remedies provision, 18 U.S.C. § 1964(c), is not triggered simply by an injury resulting from racketeering activity. Erlbaum v. Erlbaum, CCH Fed. Sec.L.Rep. P 98, 772 (E.D.Pa.1982). Of the unlawful activities set forth in Section 1962, two of them have been alleged by the plaintiffs:
(c) conducting or participating in an enterprise's affairs through a pattern of racketeering activity;