Criminal
Jun. 22, 2009
Guilty by Association?
A recent Supreme Court decision invites plaintiffs and prosecutors to up the stakes in a wide variety of cases by alleging RICO violations, write Martha Boersch and Caroline Mitchell.
FOCUS COLUMN
By Martha Boersch and Caroline Mitchell The U.S. Supreme Court's recent 7-2 decision in Boyle v. United States, 2009 DJDAR 8227, resolved a three-way split among the circuits about what proof of "structure" is required to establish an "association-in-fact" enterprise under the Racketeer Influenced and Corrupt Organization Act. The decision rejected the dissent's view that courts should require a business-like structure before ...
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