Mark Scott, David Pike, Nicole Janine Huesmann, and the Bank of New York Mellon (BNYM) were dismissed as defendants from the OneCoin class-action lawsuit on September 20. Plaintiffs in the suit had accused Scott, Pike, and Huesmann, collectively known as the "Scott Group Defendants," of laundering millions of dollars in funds obtained fraudulently through the OneCoin scheme. The Bank of New York Mellon faced accusations of facilitating the Scott Group Defendants' alleged money laundering activities.

The Scott Group Defendants filed motions to dismiss, arguing the court lacked personal jurisdiction over them. The OneCoin class-action lawsuit originated in New York, but all three Scott Group Defendants reside in Florida. The court agreed, finding that the plaintiffs failed to demonstrate sufficient jurisdictional ties to New York for any of the Scott Group members. This ruling meant the court did not evaluate the substance of the allegations against them, focusing solely on the procedural hurdle of jurisdiction.

The Bank of New York Mellon also sought dismissal, contending that plaintiffs had misinterpreted information from related criminal cases. BNYM asserted it was a victim of the OneCoin fraud, deceived by individuals who intentionally obscured transactions to evade detection. Ironically, the "fraudsters" BNYM referred to included, at least in part, the Scott Group Defendants.

BNYM's legal argument centered on Federal Rule of Civil Procedure 9(b), which requires fraud allegations to be stated with particularity. The bank claimed the plaintiffs' complaint lacked the necessary specific detail. BNYM further argued that even if Rule 9(b) requirements were met, the plaintiffs had not shown BNYM possessed actual knowledge of the fraud or provided substantial assistance to the fraudsters.

The court did not directly address Rule 9(b) in its decision regarding BNYM. Instead, the court concluded that "none of the facts alleged in Plaintiffs' complaint, considered individually or collectively, raises a strong inference of actual knowledge." The plaintiffs, the court determined, had not adequately pleaded that BNYM knew about the OneCoin fraud or offered substantial assistance in its commission. This finding led to BNYM's dismissal from the class-action.

Mark Scott was previously convicted on November 11 of OneCoin money laundering charges. He is scheduled for sentencing in November, pending a resolution of a retrial motion. David Pike is expected to plead guilty to similar OneCoin money laundering charges next month. US authorities have not filed criminal charges against Nicole Huesmann or the Bank of New York Mellon.

Remaining defendants in the OneCoin class-action include OneCoin itself, its founder Ruja Ignatova, Sebastian Greenwood, and Gilbert Armenta. Plaintiffs must file proof of service on these remaining defendants by October 9. A show cause hearing is scheduled for November 12.