A complaint filed against GN Bank, its Chairman Dr Papa Kwesi Nduom, GN Bank’s outside directors, and others was dismissed in its entirety by a Chicago, Illinois District Court presided over by United States District Judge Thomas M. Durkin.
The complaint was filed by Birim Group, LLC, a California Limited Liability Company whose sole member was the lawyer who filed the complaint and who had purchased $30,000 and $52,219 claims against companies in Ghana from two Ghanaians.
Despite the fact that neither GN Bank, Dr. Nduom, nor any of the GN Bank directors were accused of taking any action against these Ghanaian citizens, the complaint named each of them as defendants based on vague allegations of a vast international conspiracy for which no supporting facts were alleged.
The Court stated in its dismissal decision that “[t]he US Defendants characterize the Plaintiff’s complaint as a political smear devoid of actionable allegations,” and that “[t]he complaint is adorned with extraneous information making the allegations difficult to parse into a coherent narrative.”
The majority of the complaint made civil RICO allegations, but the Court dismissed those claims “with prejudice.”
This means that the RICO suit cannot be pursued again.
The Court also stated about the remainder of the complaint, referring to the Ghanaian citizens from whom the Plaintiff had purchased its claims, that “[m]ost of the allegations appear wholly unrelated to any losses suffered by Assignors.”
Those allegations, according to the Court, were “pled in conclusory fashion and fail to allege any liability on the part of the U.S. Defendants for Plaintiff’s common law claims.”
The Court gave Plaintiff 21 days to explain how it could cure the deficiencies in the complaint, or else the dismissal of the entire complaint, like the dismissal of the RICO claim, would become permanent.
GN Bank was confident that after reviewing the complaint, the Court would agree that it lacked merit and could not proceed as a matter of law.
“We are grateful for the Court’s care in reaching its decision today,” Dr Nduom said.
“Unfortunately, even when allegations are completely false and without merit, the mere fact that they have been made can be used for financial or other purposes.”
That is exactly what occurred here, but hopefully the Court’s clear and decisive decision will put an end to any further abuse of these unfounded allegations.”
Birim Group LLC v. Nduom et al., 1:20-cv-07198, was pending in the United States District Court for the Northern District of Illinois.
GN Bank’s attorneys included the Chicago-based law firms Meza Law and A&G Law, LLC.