IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 R27 Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005) 10068(MBM), 2003 WL 21664679, at *11 conduct or participate, directly or indirect- (S.D.N.Y. July 16, 2003) (quoting Moss v. ly, in the conduct of such enterprise’s af- Morgan Stanley, Inc. 719 F.2d 5, 17 (2d fairs through a pattern of racketeering Cir.1983)); see also 18 U.S.C. § 1962. activity.” 18 U.S.C. § 1962(¢). “The four “Civil RICO is an unusually potent weapon elements of Section 1962(c) are ‘(1) conduct ... ‘courts should strive to flush out frivo- (2) of an enterprise (8) through a pattern lous RICO allegations at an early stage of (4) of racketeering activity’” U.S. Fire the litigation.’” Katzman v. Victoria’s Se- Ins. Co. v. United Limousine Serv., Inc., cret, 167 F.R.D. 649, 655 (S.D.N.Y.1996). 303 F.Supp.2d 482, 451 (S.D.N.Y.2004). [74] The Federal complaint asserts a “The elements of section 1962(c) must be RICO claim under § 1962(a), which states established as to each individual defen- in part: “It shall be unlawful for any per- dant.” Id. Paragraph (d) states that it son who has received any income derived, “Shall be unlawful for any person to con- directly or indirectly, from a pattern of Spire to violate any provision of” § 1962(a)- racketeering activity or through collection @). 18 USC. s 1962(d), “The Second of an unlawful debt in which such person Circuit has held in the context of a motion has participated a principal within the to dismiss that to state a claim under [§ ] meaning of 18 U.S.C. § 2, to use or invest, 19624), the ‘complaint must allege some directly or indirectly, any part of such factual basis for a finding of a conscious income, or the proceeds of such income, in 28teement among the defendants.’” Am. acquisition of any interest in, or the estab- Arbitration Ass'n, Inc. v. DeFonseca, No. lishment or operation of, any enterprise 93 Civ. 2424(CSH), 1996 WL 363128, at *7 which is engaged in, or the activities of -D-N.Y. June 28, 1996) (qu