Roma Construction Company and Peter Zanni v. Ralph R. Arusso

At issue is whether the plaintiffs have stated a claim under Rule 12(b)(6), Fed.R.Civ.P.7 The plaintiffs’ complaint cannot be dismissed “if relief could be granted under any set of facts that could be proved consistent with the allegations.” NOW v. Scheidler, 510 U.S. 249, 256, 114 S.Ct. 798, 803, 127 L.Ed.2d 99 (1994). The district court dismissed the claims because it imported into RICO a *578standing requirement that the plaintiffs must be “innocent victims.” See Roma Constr. Co. v. aRusso, 906 F.Supp. 78, 81 (D.R.I.1995). The review by this court of the dismissal is de novo. Aulson v.…