346 (1985). A pattern is shown through two or more related acts of racketeering activity that “amount to or pose a threat of continued criminal activity.” Wisdom v. First Midwest Bank, 167 F.3d 402, (8th Cir.1999) (quoting United HealthCare Corp., v. Am. Trade Ins. Co., 88 F.3d 563, 571 (8th Cir.1996)). Appellants’ RICO claim was dismissed without prejudice for failure to set forth the predicate acts of mail and wire fraud with the particularity required by Rule 9(b) of the Federal Rules of Civil Procedure. Rule 9(b) requires that a party alleging fraud or mistake “state with particularity the circumstances constituting a fraud or mistake.” Fed.R.Civ.P. 9(b); see Murr Plumbing, Inc. v. Scherer Bros. Fin. Srvcs. Co., 48 F.3d 1066, 1069 (8th Cir.1995) (citing 18 U.S.C. §§ 1341, 1343) (<HOLDING>). Appellants’ amended complaint alleges in very
holding that heightened pleading standards of fed rcivp 9b apply to fraud elements of rico claim holding that plaintiffs must provide more than conclusory allegations to satisfy rule 9bs requirement that circumstances of fraud be pleaded with particularity holding that the federal false claims act is an antifraud statute to which rule 9bs heightened pleading requirements apply holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud holding that rule 9bs heightened pleading requirement applies to allegations of mail and wire fraud used as predicate acts for a rico claim