CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Thursday, December 12, 2013

Gordon on Corporations and Association-in-Fact RICO Enterprises

Randy Gordon has posted Of Gangs and Gaggles: Can a Corporation Be Part of an Association-in-Fact Rico Enterprise? Linguistic, Historical, and Rhetorical Perspectives (University of Pennsylvania Journal of Business Law (Forthcoming)) on SSRN. Here is the abstract:

Over 30 years ago, courts of appeals began to hold that the RICO statute’s definition of association-in-fact enterprise is broad enough to include corporations as constituent members, even though that definition states that such an association is limited to a “group of individuals.” This Article demonstrates why these cases were wrongly decided from a variety of perspectives: linguistic, systemic and consequentialist. It also suggests a strategy for correcting this widespread interpretive error and provides evidence that the Supreme Court may be disposed to agree that the lower courts have uniformly erred.

http://lawprofessors.typepad.com/crimprof_blog/2013/12/gordon-on-corporations-and-association-in-fact-rico-enterprises.html

| Permalink

Comments

Post a comment