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Evidence / Dossier A / R-A05 · rev. 1

Court lets certain RICO claims proceed and rejects the gambling theory

What did the court decide on 31 August 2026, and what did it not decide?

documented publicationprimary documentfirst party statement2 source records from 2 reporting origins

documented publication: The cited material was published as described. Says nothing about whether its contents are true.

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Judge McMahon denied the motions to dismiss the RICO counts brought by Carnahan and Okafor against Baton, Cohen, Kerler and Tweedale. She dismissed Aguilar's claims, all claims against the Solana defendants, the Securities Act counts and unjust enrichment. She held that the memecoin transactions alleged are not gambling under New York law.

“the purchase and sale of memecoins, chancy though it be, is not the placing of a bet”

Court — Opinion and Order, Judge Colleen McMahon, page 49. Dated: August 31, 2026. S02, p. 49Context: The court explains why the pleaded New York 'bookmaking' theory fails. It notes that the holding is limited to the transactions alleged and that other kinds of contract raise 'an entirely different question'.

What the sources support

The 79-page opinion, pages 3, 45–50 and 77–79, read in full on 27 October 2026.

  • The disposition of each count, which is listed on the court-record page.
  • That the gambling holding is limited to the transactions alleged (page 47, footnote 6).

What remains unresolved

  • Whether the surviving allegations are true. A motion to dismiss assumes them true for argument's sake.
  • Anything filed after 31 August 2026, including the response to the order to show cause due 10 September 2026. The docket could not be loaded.
Limits of this receipt
  • This is not a finding that the defendants did anything unlawful. It is not a criminal case, and nobody has been convicted.
  • It does not hold that all memecoin trading is or is not gambling everywhere.

Source card for R-A05

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