HSW Secures Dismissal of RICO Suit for Grand Food Service

November 10, 2025

A Harris St. Laurent & Wechsler LLP team led by partner Evan Bolla, secured a complete victory for client Grand Food Service Inc. in a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit filed in the U.S. District Court for the Eastern District of New York.

In May Flower International Inc. v. Amoy Food Limited et al., the plaintiff alleged that multiple companies conspired to defraud it through a 2021 transaction involving “Amoy” brand mooncakes. May Flower alleged that it was misled into purchasing more than $1 million worth of mooncakes based on representations that it was an authentic Amoy product manufactured in Hong Kong. According to the complaint, the mooncakes were instead made in mainland China by a different manufacturer, and the “Amoy” trademark had not yet been approved in the United States.

Grand Food was named as a defendant because of certain forms used and delivery of goods to its warehouse, but the company was not involved in the negotiations or sale. May Flower attempted to claim the mooncake sale and subsequent payment disputes as part of a broader criminal “enterprise” involving mail fraud, wire fraud and extortion under the RICO statute.

On Nov. 5, U.S. District Judge Orelia E. Merchant dismissed all claims without leave to replead, finding that the plaintiff failed to plausibly allege either a RICO enterprise or a pattern of racketeering activity. The court was clear the case did not meet the stringent requirements of the RICO statute.

“We’re pleased the court dismissed the case, as our client never should have been named,” Bolla said. “This case is another example of a plaintiff attempting to abuse the RICO statute, and this decision spares our client the burden of costly discovery and allows them to focus on their business.”

HSW associates Arshiya Sharda and Jonathan Fuller assisted Bolla in the case.