Read the following excerpt from a US court opinion:
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1999). Specifically, a RICO plaintiff must “(1) specify the statements that the plaintiff contends were fraudulent, (2) identify the speaker, (3) state where and when the statements were made, at 1231, the court held that a complaint did not meet Rule 9(b)’s heightened pleading standard because it did not include “statements setting forth the content, date, or place of any alleged misrepresentations, and the identity of the persons making them.” Id. (brackets omitted). Instead, the complaint “contain[ed] sweeping and general allegations of mail and wire fraud directed at all the defendants rather than connecting the alleged fraud to the individual defendants.” Id.; see also McGee v. State Farm Mut. Auto. Ins. Co., No. 08-CV-392 FB CLP, 2009 WL 2132439, at *5 (E.D.N.Y. July 10, 2009) . Furthermore, although a plaintiff may “allege
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What is the most suitable continuation to the opinion? Your options are:
A. holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant
B. holding that a plaintiff failed to plead fraud with particularity where he loosely alleged throughout his complaint that the defendants contacted each other by means of the mails andor the wires without specifying precise methods of communication or identifying any specific fraudulent statement
C. holding that plaintiffs did not plead fraud where the complaint only alleged a breach of fiduciary duty
D. holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity
E. holding that when there are multiple defendants rule 9b requires that a plaintiff allege facts specifying each defendants contribution to the fraud
Reply with [A, B, C, D, E] only.