RICO: to establish a RICO association-in-fact
“enterprise”: the core group was loosely and informally organized, lacking a
leader, hierarchy, or any long-term master plan; an association-in-fact
enterprise under RICO must have a “structure,” but the pertinent jury
instruction need not be framed in the precise language Boyle proposes, i.e.,
as having “an ascertainable structure beyond that inherent in the pattern
of racketeering activity in which it engages.”; “enterprise” reaches “a group
of persons associated together for a common purpose of engaging in a course of
conduct,” 452 U. S., at 583, and “is proved by evidence of an ongoing
organization, formal or informal, and by evidence that the various associates
function as a continuing unit.”; the question presented by this case is whether
an association-in-fact enterprise must have “an ascertainable structure beyond
that inherent in the pattern of racketeering activity in which it engages”; the
phrase “beyond that inherent in the pattern of racketeering activity” is
correctly interpreted to mean that the enterprise’s existence is a separate
element that must be proved, not that such existence may never be inferred from
the evidence showing that the associates engaged in a pattern of racketeering
activity; as Turkette said, an association-in-fact enterprise is simply
a continuing unit that functions with a common purpose; finally, the
instruction that an enterprise’s existence “is oftentimes more readily proven
by what it does, rather than by abstract analysis of its structure” properly
conveyed Turkette’s point that proof of a pattern of racketeering
activity may be sufficient in a particular case to permit an inference of the enterprise’s
existence. (U.S.S.Ct., 08.06.09, Boyle v. U.S., J. Alito).
Monday, June 8, 2009
Boyle v. U.S.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment