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On Monday, June 8, the Supreme Court announced its decision in Boyle v. United States. In this case, the Supreme Court considered whether the RICO statute requires a criminal enterprise to have “an ascertainable structure beyond that inherent in the pattern of racketeering activity.” In a 7-2 decision delivered by Justice Alito, the Court held that the pattern of racketeering activity may be sufficient in particular cases to demonstrate the existence of an enterprise for the purposes of the RICO statute, thus affirming the Second Circuit decision below. New York University Law Professor Rachel Barkow discusses the decision.
Oral Argument - January 14, 2009:
Decision - June 8, 2009: