The complaint
A complaint is written by the plaintiffs’ lawyers. It sets out allegations: what the plaintiffs say happened and why the law entitles them to relief. Exhibits and screenshots inside a complaint were chosen by the plaintiffs.
In Aguilar v. Baton Corporation (S.D.N.Y. No. 1:25-cv-00880), the second amended consolidated complaint is Document 129, filed 8 January 2026 according to its own page header. Pages 104–107 reproduce chat screenshots captioned with dates in April and May 2024.
What the screenshots establish: that the plaintiffs published them in that filing.
What they do not establish by themselves: that the original messages are authentic and complete, or that the plaintiffs’ reading of them is correct.
The motion to dismiss and the decision
Defendants asked the court to dismiss the claims. At this stage a judge assumes the factual allegations are true and asks whether they would state a legal claim.
On 31 August 2026, Judge Colleen McMahon:
- allowed the substantive RICO and RICO-conspiracy claims by Carnahan and Okafor against Baton, Cohen, Kerler and Tweedale to proceed;
- dismissed Aguilar’s claims, every claim against the Solana defendants, the Securities Act counts and the unjust-enrichment count;
- held that the gambling predicates, as pleaded under New York law, fail, and limited that holding to the transactions alleged.
“Allowed to proceed” means the claims continue to later stages. It is not a finding that anything alleged happened, and no one has been found liable.
How to find the figures
Open the complaint PDF and go to page 104 using the PDF’s own page numbers (the first page is 1). The links on the court-record page open the court-hosted copy at the right page.
Checking for later developments
Court records change. Before relying on the procedural status shown here, check the docket yourself. Our last attempt to load the public docket, on 27 October 2026, was refused (HTTP 403). Developments after 31 August 2026 are therefore not reflected here.