OPINION & ORDER Plaintiffs Rigoberto Vasquez and Eva Garcia bring this putative class action against Hong Kong and Shanghai Banking Corporation Ltd. (“HSBC Hong Kong”) and Does 1 through 100, in connection with HSBC Hong Kong’s alleged facilitation of international bank transfers of money used to perpetrate a Ponzi scheme called “WCM777.” Plaintiffs’ federal claims are brought under the federal racketeering statute 18 U.S.C. §1961 et seq. (“RICO”). Plaintiffs also bring, under state law, three common law claims for aiding and abetting fraud, breach of fiduciary duty, and conversion. The Court previously denied HSBC Hong Kong’s motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), without prejudice, while authorizing “jurisdictional discovery as to the issue of personal jurisdiction, so as to enable the Court to resolve” that motion. Dkt. 85, published at Vasquez v. H.K. & Shanghai Banking Corp. (“Vasquez I”), No. 18 Civ. 1876 (PAE), 2019 WL 2327810, at *19 (S.D.N.Y. May 30, 2019). HSBC Hong Kong then filed a motion to reconsider the Court’s authorization of jurisdictional discovery, which the Court denied. Dkt. 92, published at Vasquez v. H.K. & Shanghai Banking Corp. (“Vasquez II”), No. 18 Civ. 1876 (PAE), 2019 WL 3252907 (S.D.N.Y. July 19, 2019). Jurisdictional discovery is now complete. The Court accordingly now considers, in light of that discovery, HSBC Hong Kong’s renewed motion to dismiss the Amended Complaint (“AC”) for lack of personal jurisdiction under Rule 12(b)(2). For the reasons that follow, the Court grants HSBC Hong Kong’s motion. I. Background A. Factual Background1 The Court incorporates by reference the factual background set out in its May 30, 2019 Opinion and Order. See Vasquez I, 2019 WL 2327810, at *1-5. The Court provides background only to the extent necessary to resolve the pending motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2). 1. The Parties Vasquez and Garcia are residents of California. AC
3-4. HSBC Hong Kong is a Hong Kong corporation with its principal place of business in Hong Kong, China. Id. 5. Former defendant HSBC Bank USA (“HSBC USA”) — dismissed as a party by the Court’s May 30, 2019 Opinion — is a federally charted bank, headquartered in Virginia, with its principal place of business in New York, New York. Id. 6; see also Vasquez I, 2019 WL 2327810, at *13-19 (dismissing claims against HSBC USA). Relevant here, HSBC USA maintains a correspondent bank account2 in the United States which is used by HSBC Hong Kong. AC
