Sherman Judge Denies Motion to Dismiss RICO Claims Against Florida Oilman

SHERMAN, Texas (LN) — U.S. District Judge Amos L. Mazzant on Monday denied a motion to dismiss by Florida resident Jim Trice, ruling that the Eastern District of Texas has personal jurisdiction over the oil and gas executive under the Racketeer Influenced and Corrupt Organizations Act’s nationwide service of process provision.

Trice, the former chief executive officer of Archer Energy Corporation, sought dismissal of RICO, common law fraud, and civil conspiracy claims, arguing he lacked minimum contacts with Texas and that the plaintiff failed to properly serve the amended complaint.

Mazzant, writing for the court, sided with the Second Circuit’s interpretation of 18 U.S.C. § 1965, concluding that the statute’s nationwide service provision applies only after a plaintiff establishes personal jurisdiction over at least one “anchor” defendant.

The judge determined that co-defendant Mayomi Olootu, who resides in Allen, Texas, satisfied that threshold requirement under § 1965(a).

“Having decided that Plaintiff can satisfy § 1965(a) as to Olootu, the Court must now determine whether RICO’s nationwide service of process provision, 18 U.S.C. § 1965(b), grants personal jurisdiction over Trice,” Mazzant wrote.

The opinion addresses a persistent circuit split regarding which subsection of § 1965 authorizes nationwide service. While the Fourth and Eleventh Circuits have held that § 1965(d) grants this authority, the majority of circuits, including the Second Circuit, have concluded that § 1965(b) is the correct vehicle.

Mazzant adopted the Second Circuit’s analysis, noting that § 1965(b) allows courts to summon “other parties residing in any other district” when the “ends of justice require” it.

The judge determined that the ends of justice required summoning Trice because the defendants are scattered nationally and internationally, and no other single district clearly has personal jurisdiction over all of them.

“Accordingly, the Court finds that, because there is no other jurisdiction that clearly has personal jurisdiction over every Defendant as to the RICO claim and Trice has minimum contacts with the United States, the ends of justice require the Court to exercise personal jurisdiction over Trice, so long as § 1965(a) can be satisfied as to one Defendant,” Mazzant wrote.

Trice argued that the plaintiff failed to show that no other district could hear the case against all co-conspirators. However, Mazzant noted that the parties are “scattered nationally and internationally” and that the plaintiff alleged the defendants had contacts and impact in Texas, including meetings in Dallas and Houston and wire transfers through Texas banks.

The court also rejected Trice’s argument that exercising jurisdiction would be unfair or unreasonable. Mazzant cited more than 25 years of Fifth Circuit jurisprudence holding that a single communication by a nonresident defendant aimed state is sufficient to satisfy the purposeful availment requirement for fraud claims.

Trice’s declaration stated that he only made “simple introductions” between the plaintiff and other defendants and that no money was exchanged between him and the plaintiff. However, he did not dispute that he sent communications to the plaintiff’s founder, Tim Thompson, while Thompson was in Texas.

“Accordingly, because of Trice’s alleged conspiratorial and fraudulent conduct, which was directed at and occurred in Texas, Plaintiff has demonstrated a prima facie case for specific personal jurisdiction over Trice,” Mazzant wrote.

On the separate issue of insufficient service of process under Federal Rule of Civil Procedure 12(b)(5), the court found that Trice had received the original complaint and summons in March 2024. Although he was not served with the first amended complaint filed in October 2024, the court ruled that dismissal was unwarranted because Trice had notice of the action, was already in default, and had since appeared through counsel.

Trice’s motion was filed after the court granted his earlier motion to set aside a clerk’s entry of default in February 2026.

Mazzant is a George W. Bush appointee.