U.S. Supreme Court clarifies requirements for an association-in-fact enterprise.
The Supreme Court issued its opinion on June 8, 2009 upholding the District Court’s refusal to instructthe jury that an association-in-fact enterprise must have an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages. Judge Alito wrote: “From the terms of RICO, it is apparent that an association-in-fact enterprise must have at least three structural features: a purpose, relationships among those associated with the enterprise, and longevity sufficient to permit these associates to pursue the enterprise's purpose. As we succinctly put it in Turkette, an association-in-fact enterprise is ‘a group of persons associated together for a common purpose of engaging in a course of conduct.’ 452 U.S., at 583.” See Boyle v. U.S., 2009 WL 1576571 (U.S.)
