Cedric Kushner Promotions, Ltd. v. King

533 U.S. 158 (2001) Supreme Court of the United States 2001-06-11

civil; motion to dismiss granted, affirmed by CA2; certiorari; only the person/enterprise distinctness question decided (result: remanded)

Facts

  1. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied pleaded
    Petitioner sued Don King, the president and sole shareholder of Don King Productions, a corporation, claiming that King had conducted the boxing-related affairs of Don King Productions in part through a RICO “pattern,”
  2. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied pleaded
    to establish liability under § 1962(c) one must allege and prove the existence of two distinct entities: (1) a “person”; and (2) an “enterprise” that is not simply the same “person” referred to by a different name
  3. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied pleaded
    the statute requires no more than the formal legal distinction between “person” and “enterprise” (namely, incorporation) that is present here
  4. 1 Culpable person (§ 1961(3)) distinct from the enterprise under (c) satisfied pleaded
    we hold simply that the need for two distinct entities is satisfied
  5. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied pleaded
    the president and sole shareholder of Don King Productions, a corporation
  6. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied pleaded
    defines “enterprise” to include a “corporation.”
  7. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied pleaded
    This case concerns a claim that a corporate employee is the “person” and the corporation is the “enterprise.”