Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
07-1309
Term
2008 Term
Oral Argument Date
January 14, 2009
Questions Presented
Does proof of an association-in-fact enterprise under the RICO statute, 18 U.S.C. §§ 1962(c)-(d), require at least some showing of an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages - an exceptionally important question in the administration of federal justice, civil and criminal, that has spawned a three-way circuit split?
Case Updates
Supreme Court addresses “ascertainable enterprise” requirement for RICO liability
June 08, 2009
The Supreme Court held that the Racketeer Influenced and Corrupt Organizations Act (RICO) does not require an association-in-fact “enterprise” to possess an ascertainable structure, separate and apart from the pattern of racketeering activity.
U.S. Chamber files amicus brief regarding “ascertainable enterprise” requirement for RICO liability
November 28, 2008
NCLC urged the Supreme Court to hold that the Racketeer Influenced and Corrupt Organizations Act (RICO) requires an association-in-fact “enterprise” to possess an ascertainable structure rather than merely be capable of engaging in the alleged pattern of racketeering activity. NCLC argued that the lower court’s unconstrained definition of “enterprise” allows plaintiffs to transform run-of-the-mill civil actions into RICO actions for treble damages against businesses that engage in lawful collaborations.