The complaint alleges Simon directed M.S. to use a standard lease agreement that informs tenants that their bills would be around the same amount a local utility provider charges. Despite this, Café Gelato accuses the defendants of engaging in a racketeering enterprise and conspiracy, breaching the lease agreements with tenants, along with violating state laws and regulations by inflating tenants' electric bills.

To conceal the alleged "wrongful and illegal conduct," the complaint states, Simon directed M.S. to insert a clause into tenants' lease agreements at the shopping malls to waive their right to audit shopping malls' electric bills. That move concealed the undisclosed markups anytime a tenant complained about a bill, the lawsuit alleges.

For instance, Julian Mancinelli, the day-to-day manager of Café Gelato, invested in high-end, energy-efficient equipment to mitigate his electrical costs. Even though foot traffic into the cafe decreased over time, putting a strain on the businesses' balance sheet, the costs for electricity remained around the same, and was its second-highest expense after accounting for rent payment, the complaint alleges.

The complaint states that defendants lied to tenants, such as Café Gelato, for years when it claimed they were only paying their share of electricity charges.

It alleges, "In truth, for years Café Gelato was tricked into paying thousands of dollars in illicit electricity mark-ups, the vast majority of which were ultimately paid to Simon."