Boyle v. United States, 07-1309, 129 U.S.___
06-08-09, U.S.
Holding: A criminal association-in-fact enterprise under RICO, 18 U.S.C. ‘1962(c), may exist if it has a purpose, sufficient longevity to accomplish that purpose, and relationships among associates–which can be inferred from the underlying acts and without a distinct structural hierarchy or chain of command. The association-in-fact enterprise must have a “structure,” but it need not be, as Defendant sought the jury to be instructed in his prosecution for bank robberies, “an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages.” See United States v. Turkette, 452 U.S. 576 (1982) (pattern of racketeering activity may sometimes prove the existence of an enterprise). Court rejected Defendant’s argument that its construction would create a merger of the RICO ‘ 1962(c) crime with other federal offenses, pointing out that, in relation to conspiracy, it demands “much more” than proof of a “brief” agreement. Held, Second Circuit District Court opinion at 283 Fed. Appx. 825 affirmed. Stevens, J., joined by Breyer, J., DISSENTING, notes that Congress intended RICO enterprises to refer to business-like organizations that exist apart from predicate acts committed by their associates; thus, government should be required to “adduce other evidence of the entity’s ’separate’ existence and ‘ongoing organization.’”
