ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Uncategorized

Eleventh Circuit revives cash advance fraud lawsuit against Citigroup

June 2, 2025
Reading Time: 3 mins read
Eleventh Circuit revives cash advance fraud lawsuit against Citigroup

Cash advance
Otto Candies, LLC v. Citigroup, Inc..
Date: May 8, 2025

Issue: Whether the Eleventh Circuit should reverse the district court’s ruling that Citigroup did not operate a cash advance fraud scheme.

Case Summary: In a unanimous decision, an Eleventh Circuit panel reversed and remanded a district court’s dismissal of a lawsuit alleging Citigroup operated a cash advance fraud scheme.

In 2016, 39 vendors, creditors, and bondholders (plaintiffs) sued Citigroup in the Southern District of Florida, alleging it ran a cash advance fraud scheme involving the now-defunct Mexican oil and gas company Oceanografía S.A. de C.V. (OSA). Plaintiffs claimed Citigroup’s U.S.-based Institutional Clients Group advanced over $1 billion to OSA, based on the company’s contract with Pemex, Mexico’s state-owned oil firm. According to the plaintiffs, Citigroup collected tens of millions in interest by withholding a portion of Pemex’s payments and continued issuing advances even after learning they were based on forged documents. Plaintiffs alleged Citigroup conspired with OSA to inflate the company’s profits and boost its own interest revenue.

In 2018, the district court granted Citigroup’s motion to dismiss based on forum non conveniens, finding that another court would better serve the parties and the interests of justice. The Eleventh Circuit reversed and remanded, holding that the district court failed to properly defer to plaintiffs’ choice of forum. After amending their complaint, the district court dismissed again, concluding the amended complaint was an “impermissible shotgun pleading” that failed to meet the heightened standard for alleging fraud. In 2022, plaintiffs filed a third amended complaint, asserting claims of aiding and abetting, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), and vicarious liability. The district court again dismissed the case for failure to state a claim.

First, the panel found that the district court erred by dismissing plaintiffs’ aiding-and-abetting fraud claim. The panel explained to support an aiding-and-abetting fraud claim, a plaintiff must satisfy three elements. The plaintiff must prove: the existence of underlying fraud; that the defendant had knowledge of the fraud; and that the defendant provided substantial assistance to advance the commission of the fraud. Neither party disputed the existence of underlying fraud. Turning to the other two elements, the panel concluded that Citigroup knew about the fraud and substantially assisted it. As a result, the panel allowed plaintiffs’ aiding-and-abetting fraud claim to proceed.

Next, the panel concluded that the district court wrongly dismissed plaintiffs’ RICO claim against Citigroup. Plaintiffs alleged that Citigroup and OSA formed an enterprise to defraud Pemex and mislead investors about OSA’s financial health through a pattern of wire fraud executed via phone and email. The panel found that plaintiffs met Rule 9(b) of the Federal Rule of Civil Procedure’s heightened pleading standard by specifying the misrepresentations, dates, and individuals involved. It also rejected Citigroup’s argument that securities laws barred the RICO claim, explaining that inducing leases, sales, and credit extensions did not constitute securities fraud. Finally, the panel held that plaintiffs plausibly alleged a racketeering pattern from 2008 to 2014, satisfying the continuity requirement under RICO.

The panel also ruled that the district court wrongly dismissed plaintiffs’ fraud claim against Citigroup. Plaintiffs alleged that Citigroup knowingly made or facilitated false statements and omissions about OSA’s financial condition, liquidity, and the reliability of its cash-advance facility. According to the complaint, Citigroup either directly made these misrepresentations or channeled them through third parties such as financial consultants and investor presentations. The panel again found that plaintiffs satisfied Rule 9(b). The panel also concluded that Citigroup could face liability for third-party misstatements if it knew of and intended for those falsehoods to reach investors.

Additionally, the panel reinstated the vicarious liability claims after finding that plaintiffs plausibly alleged Citibank and Banamex acted as Citigroup’s agents and made false statements. Plaintiffs claimed Citigroup was liable for its agents’ fraudulent misrepresentations and omissions under actual and apparent agency theories. While the district court dismissed the claims for lacking the specificity required, the panel held that plaintiffs included sufficient factual detail to meet the standard. The panel pointed to specific examples — such as false statements made to ICE and Rabobank — that led investors to rely on the misinformation.

Finally, the panel reversed the dismissal of plaintiffs’ RICO and common-law fraud conspiracy claims against Citigroup. Plaintiffs alleged that Citigroup knowingly conspired with OSA to mislead investors through a coordinated scheme involving fraudulent financial statements, forged documents, and false assurances. The court found that plaintiffs provided sufficient evidence — such as Citigroup’s internal misconduct, regulatory findings, and direct involvement in OSA’s operations — to plausibly allege an agreement. The panel also concluded that plaintiffs sufficiently detailed overt acts and financial incentives linking Citigroup to the conspiracy.

Bottom Line: The Eleventh Circuit revived the case for the district court to again consider whether Citigroup unlawfully orchestrated a cash advance scheme.

Documents: Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

Compliance question of the month: February 2025

Compliance question of the month: October 2026

Uncategorized
October 19, 2026

Compliance QOTM answers question on whether a home-secured loan used to purchase a business property qualifies as a business-purpose loan and, if so, how that classification affects its coverage under Regulations Z, X, C and B.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control and the Department of State: Oct. 19

Uncategorized
October 19, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Terrorism and money laundering aggregates published: April through June 2024

Terrorism and money laundering aggregates published: July through September 2026

Uncategorized
October 5, 2026

As of Sept. 15, 2026, the 314 Program Office has processed 9,403 requests pertinent to the following significant criminal investigations since the program started in late 2002.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: Oct. 5

Uncategorized
October 5, 2026

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

ABA DataBank: Healthcare led job gains in weaker September report

ABA DataBank: Healthcare led job gains in weaker September report

Economy
October 2, 2026

While the unemployment rate remains relatively low, a continued deterioration in labor market conditions could lead to some weakening in overall credit performance in the months ahead.

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

ABA files amicus brief urging enforcement of notice-and-continued-use amendments

Uncategorized
September 30, 2026

ABA and the Mississippi Bankers Association filed a coalition amicus brief urging the Supreme Court of Mississippi to affirm a Mississippi trial court’s order compelling arbitration and hold that banks may amend deposit agreements, including arbitration clauses, through...

NEWSBYTES

ABA offers banker questions about small-business lending data rule implementation

October 19, 2026

FinCEN identifies alleged student aid fraud following alert

October 19, 2026

Make more HSA options available to federal employees, ABA council says

October 19, 2026

SPONSORED CONTENT

The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026
Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

September 8, 2026

PODCASTS

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 2026

Podcast: Creating seamless customer experiences

September 30, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.