U.S. Supreme Court

Case Status


Docket Number



2005 Term

Oral Argument Date

April 26, 2006


Questions Presented

Whether a defendant corporation and its agents can constitute an "enterprise" under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 ("RICO"), in light of the settled rule that a RICO defendant must "conduct" or "participate in" the affairs of some larger enterprise and not just its own affairs.

Case Updates

Supreme Court clarifies meaning of “enterprise” under RICO

June 05, 2006

The United States Supreme Court vacated the Eleventh Circuit decision permitting RICO liability and remanded the case in light of its simultaneous decision in Anza v. Ideal Steel.

U.S. Chamber files amicus brief

January 27, 2006

The Supreme Court granted review to consider whether a corporation can form an “enterprise” under the Racketeering Influenced Corrupt Organizations Act (“RICO”) where the alleged combination exists solely of the corporation itself and its third party recruiters. In its brief, NCLC argued that the statute’s plain language does not bear such a result and that treble damages liability should not factor where the corporation is merely using third party agents to perform integral corporate functions.

Case Documents