finding that members of the enterprise "may not simply be subdivisions, agents, or members of the defendant organization.... Where ... the organization is named as defendant, and the organization associates with its member[s] to form the enterprise `association-in-fact,' the requisite distinctness does not obtain"
How later courts described this case
- finding that members of the enterprise "may not simply be subdivisions, agents, or members of the defendant organization.... Where ... the organization is named as defendant, and the organization associates with its member[s] to form the enterprise `association-in-fact,' the requisite distinctness does not obtain"
- holding that an accused union organization could not associate with its own members to form a RICO enterprise which was itself and that § 1962(c) immunizes organizations which are merely victims
- four threats of violence against a bus company by union members during a four day strike period were deemed sufficient to allege a pattern of racketeering activity since the threats could be found to be the means of conducting the strike which in turn could have continued for an indefinite period of time
- enterprise alleged as association of defendant union with its business agent and trustee
Written by the judges who cited it.
The opinion
HARRY T. EDWARDS, Circuit Judge,
concurring:
I have nagging doubts about our holding that “the strike and organizational effort were ‘affairs’ of Yellow Bus,” maj. op. at 144, and that, consequently, plaintiff might be able to state a cause of action under section 1962(c) of RICO. This result seems strangely at odds with certain fundamental precepts of labor law and collective bargaining. However, I recognize that this holding finds support in the case law, and that it is not inconsistent with RICO’s broad remedial purpose. I therefore concur, albeit with pause.