Friday, November 15, 2013

United States v. Turkette case brief

United States v. Turkette case brief summary
452 U.S. 576 (1981)


CASE SYNOPSIS
The prosecution appealed a judgment from the United States Court of Appeals for the First Circuit that reversed defendant's conviction under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. §§ 1961-1968, and held that RICO did not criminalize participation in an association that performed only illegal acts.

CASE FACTS
Defendant was convicted under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. §§ 1961-1968, for conspiracy to conduct and participate in the affairs of an enterprise, engaged in interstate commerce, through a pattern of racketeering activities. The enterprise conducted illegal activities. The appellate court reversed the judgment and held that the term "enterprise" as used in RICO applied to legitimate enterprises, not illegitimate enterprises.

DISCUSSION
  • The Supreme Court reversed the appellate court's judgment. 
  • The language and structure of RICO did not limit its application to legitimate enterprises. 
  • Further, the legislative history indicated that Congress intended the term "enterprise" to include legitimate and well as illegitimate enterprises.

CONCLUSION
The judgment reversing defendant's conviction under the Racketeer Influenced and Corrupt Organizations Act (RICO) was reversed because, based upon the legislative history and language, RICO applied to legitimate enterprises as well as illegitimate enterprises.


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