RICO & Corporate Criminal Liability Cases

Question 1

Krough who committed bank theft through night deposit boxes found in banks and retail stores— group met beforehand, gathered tools, assigned roles. No heirarchy or leader, more than 30 thefts.

Can be convicted in violation of RICO, to conspiracy to bank burglary?

Answer 1

Yes. RICO reached a group of persons associated together for a common purpose of engaging in a course of conduct. Association must be ascertainable, have a structure beyond the inherent pattern of racketeering and must have at least three structural features:

1. Purpose
2. Relationships among those associated
3. Longevity to allow the associated to pursue the enterprise’s purpose

Dissent: reserve RICO for businesslike entities that exist apart from predicate acts

RICO = common purpose with 3 structural features

Boyle v. United States