Defendants in the federal case against BetonSports have been denied their motions to dismiss count one of the indictment, the racketeering conspiracy, according to court documents filed today.
Each of the defendants -- Tim Brown, David Carruthers, Neil Scott Kaplan, William Hernan Lenis, Monica Lenis, William Luis Lenis and Manny G. Lenis -- filed in January the abovementioned motion to dismiss on the grounds that the indictment failed to properly allege an enterprise that is separate and distinct, or substantially different, from the acts which form the pattern of racketeering activity and that it fails to allege that the actions of the enterprise comprised two or more separate schemes, thus failing to allege a pattern of racketeering activity.
But, Judge Mary Ann Medler ruled today all of the defendants failed to present proper grounds for dismissal and recommended they all be denied. Each defendant has 11 days to file a written objection to the recommendation.
The defendants also filed in January motions to dismiss based on the U.S. violation of the World Trade Organization (WTO) treaty and its decisions and appeals. Medler has reserved judgment regarding the motion at this time.
Click here to view Carruthers' denial.
Click here to view the other defendants' denial.