dismissed Ms. Goren’s amended complaint pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) for failure to plead fraud with particularity and failure to state a claim upon which relief could be granted. Specifically, the court held that, with respect to the RICO complaints against the Boreykos, Direct and October, the amended complaint failed to allege with particularity two predicate acts of fraud committed by those defendants. In addition, the court held that the amended complaint failed to adequately allege RICO claims against Dr. Wallaeh, Direct and October because that complaint did not allege that those defendants played some role in the direction of the New Vision enterprise. See Reves v. Ernst & Young, 607 U.S. 170, 177-78, 113 S.Ct. 1163, 122 L.Ed.2d 525 (1993) (<HOLDING>). II DISCUSSION We review de novo the district
holding that defendant who was associated with the enterprise and engaged in a pattern of racketeering activity when he repeatedly violated the antifraud provisions of the securities laws was not liable under  1962c because he had no part in directing the enterprises affairs holding that in order to plead adequate rico complaint plaintiff must allege that defendant had some part in the direction of the alleged enterprises affairs holding that complaint must plead factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis