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Rose McGowan’s Racketeering Suit Against Harvey Weinstein Partially Dismissed

The actress and activist’s fraud claims can still move forward, a judge ruled

Rose McGowan’s lawsuit accusing Harvey Weinstein, attorneys David Boies and Lisa Bloom, and the private intelligence agency Black Cube of racketeering was partially dismissed by a federal judge this week — but the actress and activist’s fraud claims may still move forward.

The lawsuit, originally filed last year, said that Weinstein obtained the services of Black Clube to obtain a copy of McGowan’s then-unpublished memoir, “Brave,” through deceptive means, in an attempt to prevent McGowan’s rape accusations against Weinstein from being published.

But in a decision filed on Monday, U.S. District Judge Otis D. Wright II ruled that the situation did not meet the requirements to fit a racketeering claim, which requires proving a “pattern of activity” with multiple fraudulent schemes over a “substantial period of time,” or that there is the “threat of repetition” for future criminal conduct.

“Though the Complaint sets out a long and winding story of fraud and deceit, it is marked with guideposts leaving no question that the allegations relate to a singular plan and purpose regarding McGowan and her book,” Wright said. “In short, McGowan’s RICO [Racketeer Influenced and Corrupt Organization Act] claim fails because she has not alleged facts that show either a closed- or open-ended pattern of racketeering activity.”

McGowan’s wiretapping and Bane Act claims — the latter of which prevents the interference with a person’s civil rights through force or threat of violence — were also dismissed by the judge because McGowan did not allege that the defendants “intended to or did blackmail, intimidate or commit any tortious act against McGowan with the recordings that Black Cube created” or that they “coerced her into handing over a copy of her unpublished manuscript” or “obtained a copy through threat or intimidation,” Wright said.

As for her claims of fraud, the judge ruled that McGowan “adequately alleges a theory of vicarious liability for Black Cube’s fraud” and “adequately alleges she suffered concrete damages as a result of Defendants’ fraudulent conduct,” thereby denying the defendants’ motions to dismiss those claims.

For the claims that were dismissed, McGowan will still be allowed to amend her complaint within 21 days.

Pamela Chelin contributed to this report.