Cedric Kushner Promotions, LTD. v. Don King, et al. (533 U.S. 158)
U.S. Supreme Court · decided June 11, 2001 · Supreme Court Database (Spaeth)
- Citation
- 533 U.S. 158 · 121 S. Ct. 2087
- Decided
- June 11, 2001
- Term
- October Term 2000
- Vote
- 9–0
- Majority author
- Justice Breyer
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Breyer delivered the opinion of the Court. The Racketeer Influenced and Corrupt Organizations Act (RICO or- Act), 18 U. S. C. § 1961 et seq., makes it “unlawful for any person employed by or associated with any enterprise ... to conduct or participate ... in the conduct of such enterprise’s affairs” through the commission of two or more statutorily defined crimes — which RICO calls “a pattern of racketeering activity.” § 1962(c). The language suggests, and lower courts have held, that this provision foresees two separate entities, a “person” and a distinct “enterprise.” This case focuses upon a person who is the president and sole shareholder of a closely held corporation. The plaintiff claims that the president has conducted the corporation’s affairs through the forbidden “pattern,” though for present purposes it is conceded that, in doing so, he acted within the scope of his authority as the corporation’s employee. In these circumstances, are there two entities, a “person” and a separate “enterprise”? Assuming, as we must given the posture of this case, that the allegations in the complaint are true, we conclude that the “person” and “enterprise” here are distinct and that the RICO provision applies. Petitioner, Cedric Kushner Promotions, Ltd., is a corporation that promotes boxing matches. Petitioner sued Don King, the president and sole shareholder of Don King…
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