RICO Enterprise, Conspiracy Post-Boyle: Seventh Circuit Finds Landscape Altered

The difference between a conspiracy to commit a predicate act and an enterprise under the Racketeer Influenced and Corrupt Organizations Act is not as cut and dried as it once was, the U.S. Court of Appeals for the Seventh Circuit said June 22 (Jay E. Hayden Foundation v. First Neighbor Bank NA).

After Boyle v. United States, 77 U.S.L.W. 4474 (U.S. 2009), the only difference between “a minimal RICO enterprise and a conspiracy is that conspiracy ‘is an inchoate crime that may be completed in the brief period needed for the formation of the agreement and the ...