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

U.S. Supreme Court declines to review Eleventh Circuit decision reviving cash-advance lawsuit against Citigroup

February 2, 2026
Reading Time: 3 mins read
U.S. Supreme Court declines to weigh class standard in TCPA junk fax lawsuit

Cash advance
Otto Candies, LLC v. Citigroup Inc.
Date: Jan. 12, 2026

Issue: Whether the U.S. Supreme Court should examine an Eleventh Circuit decision that revived a lawsuit accusing Citigroup of operating a cash-advance fraud scheme.

Case Summary: The U.S. Supreme Court declined to review an Eleventh Circuit decision that revived 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 Mexico’s state-owned oil firm, Pemex. According to Plaintiffs, Citigroup collected tens of millions in interest by withholding a portion of Pemex’s payments and continued issuing advances after learning they were allegedly 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.

On May 8, 2025, a unanimous Eleventh Circuit panel reversed. The panel reversed the district court’s dismissal of multiple claims against Citigroup, concluding that plaintiffs plausibly alleged aiding-and-abetting fraud, RICO violations, and related common-law claims. The panel determined that the complaint adequately alleged Citigroup’s knowledge of and substantial assistance in OSA’s fraud, a RICO enterprise that carried out a years-long wire-fraud scheme, and a continuous racketeering pattern from 2008 to 2014, while also satisfying Rule 9(b) of the Federal Rules of Civil Procedure’s heightened pleading standard and rejecting arguments that securities laws barred the claims.

In its petition, Citigroup argued the panel’s decision was wrong because the Private Securities Litigation Reform Act (PSLRA) focuses on conduct, not plaintiffs. Congress, through the PSLRA, barred plaintiffs from bringing RICO claims based on conduct already covered by the federal securities laws. Citigroup emphasized that the PSLRA provides that “no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities” to establish a RICO violation. In Citigroup’s view, the alleged conduct fell squarely within this broad prohibition. Citigroup further argued that because the same conduct would have been actionable as securities fraud, plaintiffs could not rely on it to plead a RICO violation. Finally, Citigroup contended that the panel erred in concluding that the PSLRA does not apply to private individuals who merely “hold” securities, a distinction Citigroup argued lacks merit. Citigroup also noted that the panel’s decision creates at least a 3-1 circuit split. However, the Court declined to review without providing any additional commentary.

Bottom Line: By declining review, the U.S. Supreme Court left in place an Eleventh Circuit decision allowing plaintiffs’ fraud, RICO, conspiracy, and vicarious-liability claims against Citigroup over an alleged cash-advance fraud scheme to proceed, rejecting Citigroup’s PSLRA and circuit-split arguments.

Document:
Petition
Eleventh Circuit Opinion

Tags: Banking Docket
ShareTweetPin

Related Posts

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

Recent news from Treasury’s Office of Foreign Assets Control: May 11

Uncategorized
May 11, 2026

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

Compliance question of the month: February 2025

Compliance question of the month: May 2026

Uncategorized
May 11, 2026

Compliance QOTM answers a question on the description of a fee or charge under TRID.

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

Recent news from Treasury’s Office of Foreign Assets Control: May 4

Uncategorized
May 4, 2026

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

ABA files amicus brief supporting Wells Fargo in lawsuit over plain language of trust agreements

ABA files amicus brief supporting Wells Fargo in lawsuit over plain language of trust agreements

Uncategorized
May 1, 2026

ABA filed a coalition amicus brief urging the Florida Fourth District Court of Appeals to reverse a Florida trial court ruling that imposed a roughly $1.3 billion judgment on Wells Fargo for allegedly mismanaging the Seminole Tribe of...

Ninth Circuit rules unnamed class members must show Article III standing at summary judgment

New Jersey District Court dismisses investor solar tech lawsuit against Cross River Bank

Uncategorized
May 1, 2026

A New Jersey federal court dismissed a lawsuit alleging that Cross River Bank participated in a scheme with solar technology company Sunlight Financial to conceal the company’s financial risks and mislead investors.

Ninth Circuit affirms IEEPA shields BofA from liability for good faith sanctions compliance actions

Ninth Circuit affirms IEEPA shields BofA from liability for good faith sanctions compliance actions

Uncategorized
May 1, 2026

Ninth Circuit panel affirmed a California federal court’s decision and held that the International Emergency Economic Powers Act shielded BofA from a lawsuit alleging it unlawfully restricted accounts.

NEWSBYTES

IRS incorporates ABA recommendation in latest W-9 tax form

May 11, 2026

FinCEN issues alert on Iranian money laundering activities

May 11, 2026

ABA, KBA launch ad urging Rep. Barr to keep supporting sound economic policies

May 11, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

Podcast: Tech transformation and AI to power bank growth

April 29, 2026

Podcast: ABA’s ecosystem strategy to tackle fraud

April 22, 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.