After three tries, dissident Brookhaven Conservatives’ anti-RICO lawsuit against party leaders has been dismissed in federal court.
The plaintiffs claimed that ex-Suffolk Conservative leader Edward Walsh committed mail and wire fraud by siphoning off $41,700 of nearly $45,000 in contributions for personal use.
But U.S. District Judge Joseph Bianco found their claims were not specific enough. “Given plaintiff’s evident inability to state plausible RICO claims despite numerous attempts to do so this dismissal” cannot be refiled for a fourth time, Bianco ruled.
Kenneth Auerbach, who was co-chairman of the town Conservative committee when the suit was filed, said he could not comment until he reviews the ruling.
Frank Tinari, who succeeded Walsh as county Conservative chairman after Walsh was convicted on federal corruption charges, called the suit “a misguided attempt to discredit” the party. He said the plaintiffs’ legal arguments were “utterly lacking.”