More than five months after ePayments Systems Ltd (EPS) filed its motion to dismiss a complaint against it brought by the victims of ROFX.net, the company has been able to escape the lawsuit.

On May 26, 2022, Judge Robert N. Scola of the Florida Southern District Court signed an order dismissing the complaint against EPS.

The plaintiffs in this lawsuit are a group of investors who say they were defrauded by a web of actors tied to RoFx.net. RoFx, they say, held itself out to be a foreign exchange platform motored by artificial intelligence that turned out to be nothing more than a sham. The defendants are over forty individuals and entities said to be part of RoFx’s scheme.

Among them is EPS, a money transmitter based out of the United Kingdom. RoFx paid EPS a fee for receiving certain deposits as “directed by the RoFx Operators.” The Plaintiffs assert seven counts against EPS: (1) RICO enterprise under 18 U.S.C. § 1962(c); (2) RICO conspiracy under 18 U.S.C. § 1962(d); (3) conspiracy to commit fraud; (4) aiding and abetting fraud; (5) conspiracy to commit conversion; (6) aiding and abetting conversion; and (7) unjust enrichment.

EPS challenged the Plaintiffs’ amended complaint on multiple grounds but most importantly argued that the Court lacks personal jurisdiction over it. On May 26, 2022, the Court agreed with EPS and granted its motion on that basis.