U.S. Supreme Court

Case Status


Docket Number



2007 Term


Questions Presented

Whether reliance is a required element of a RICO claim predicated on mail fraud and, if it is, whether that reliance must be by the plaintiff.

Case Updates


June 09, 2008

Disagreeing with NCLC, the U.S. Supreme Court ruled that no proof of reliance is necessary in a RICO case predicated on mail or wire fraud.

NCLC files amicus brief addressing element of reliance in RICO cases

February 21, 2008

NCLC filed a brief arguing that the Racketeer Influenced and Corrupt Organizations Act (“RICO”) requires proof of reliance when the predicate conduct consists of mail fraud. NCLC further argued that RICO was not intended to be a private attorneys general statute where individuals could seek to combat fraud against the government and urged the Court to require a specific showing that the plaintiff - rather than a third-party - relied on the defendant’s fraudulent behavior.

Case Documents