/us/507/0170-01

Supreme Court of the United States · 1993-03-03

Original case on neochart.com

Case and law context

18 U.S.C. § 1962

Role: applied; posture: civil; summary judgment for the outside auditor on the RICO claim, affirmed by CA8; certiorari on the meaning of "conduct or participate ... in the conduct of such enterprise's affairs"; result: claimant-lost; claim: (c)

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/us/507/0170-01 — Supreme Court of the United States · 1993Defendant employed by or associated with the enterprise (§ 1962(c))not_reached
Excluded from merits counts
applied / merits

claim: (c)

The Court notes "outsiders" may be liable if "associated with" the enterprise AND participating in its operation or management; whether Arthur Young was "associated with" the Co-Op is not separately decided.
Unspecified variantNo source quotation recorded for this block.
/us/507/0170-01 — Supreme Court of the United States · 1993But-for and proximate causation ("by reason of", 18 U.S.C. § 1964(c))not_reached
Excluded from merits counts
applied / merits

claim: (c)

Unspecified variantNo source quotation recorded for this block.
/us/507/0170-01 — Supreme Court of the United States · 1993Conduct or participate in the conduct of enterprise affairs (§ 1962(c) operation or management test)not
Counted merits instance
applied / merits

basis: no-evidence; claim: (c); party: Arthur Young (outside accounting firm, later Ernst & Young), as to the Co-Op; subject: party=Arthur Young (outside accounting firm, later Ernst & Young), as to the Co-Op

Auditor prepared audit reports and condensed statements from the client's own records and failed to disclose an insolvency-determining valuation choice; providing (even deficient) professional services to the enterprise is not taking part in directing it. Basis: summary judgment for the auditor, affirmed on facts the majority calls undisputed, hence [no-evidence] (was [law]); the step that decides the case is the statutory construction in the rule lines.
operation-or-management/outside-auditor
Drozal concluded that the Co-Op had owned White Flame from the start and that the plant should be valued at $4.5 million on its books.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [3759:3893] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Arthur Young did not tell the board of its conclusion that the Co-Op always had owned White Flame or that without that conclusion the Co-Op was insolvent.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [4262:4416] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

These included White Flame’s $4.5 million asset value among its total assets but omitted the information contained in the audit’s Note 9.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [4606:4743] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In this case, it is undisputed that Arthur Young relied upon existing Co-Op records in preparing the 1981 and 1982 audit reports.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [24097:24226] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

it is clear that Arthur Young was not acting under the direction of the CoOp’s officers or board
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Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In order to “participate, directly or indirectly, in the conduct of such enterprise’s affairs,” one must have some part in directing those affairs.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [13559:13706] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

An enterprise is “operated” not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management. An enterprise also might be “operated” or “managed” by others “associated with” the enterprise who exert control over it as, for example, by bribery.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [21209:21518] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In sum, we hold that “to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs,” § 1962(c), one must participate in the operation or management of the enterprise itself.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [23127:23334] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We think that Arthur Young’s failure in this respect is not sufficient to give rise to liability under § 1962(c).
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Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/507/0170-01 — Supreme Court of the United States · 1993Enterprise (§ 1961(4)): legal entity or association-in-factsatisfied
Counted merits instance
applied / merits

basis: assumed; claim: (c)

The victim cooperative is the enterprise; its status as such is not in dispute.
legal-entity/cooperative
The Farmer’s Cooperative of Arkansas and Oklahoma, Inc. (Co-Op), began operating in western Arkansas and eastern Oklahoma in 1946.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [815:945] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/us/507/0170-01 — Supreme Court of the United States · 1993Civil RICO injury to business or property (18 U.S.C. § 1964(c))not_reached
Excluded from merits counts
applied / merits

claim: (c)

Unspecified variantNo source quotation recorded for this block.
/us/507/0170-01 — Supreme Court of the United States · 1993Pattern of racketeering activity (§ 1961(5)): at least two predicate acts with relatedness and continuitynot_reached
Excluded from merits counts
applied / merits

claim: (c)

Unspecified variantNo source quotation recorded for this block.
/us/507/0170-01 — Supreme Court of the United States · 1993Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses)not_reached
Excluded from merits counts
applied / merits

claim: (c)

A jury found securities fraud on the non-RICO counts; the predicate question was not before the Court.
Unspecified variantNo source quotation recorded for this block.

Court interpretations recorded from this case

interpretation

An enterprise is “operated” not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management. An enterprise also might be “operated” or “managed” by others “associated with” the enterprise who exert control over it as, for example, by bribery.

/us/507/0170-01 — Supreme Court of the United States · 1993

An enterprise is “operated” not just by upper management but also by lower rung participants in the enterprise who are under the direction of upper management. An enterprise also might be “operated” or “managed” by others “associated with” the enterprise who exert control over it as, for example, by bribery.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [21209:21518] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Covers both insiders ("employed by") and outsiders ("associated with") who exert control or participate in directing enterprise affairs, but excludes the enterprise itself.

interpretation

In order to “participate, directly or indirectly, in the conduct of such enterprise’s affairs,” one must have some part in directing those affairs.

/us/507/0170-01 — Supreme Court of the United States · 1993

In order to “participate, directly or indirectly, in the conduct of such enterprise’s affairs,” one must have some part in directing those affairs.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [13559:13706] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Reves v. Ernst & Young establishes the "operation or management" test: defendant must have some part in directing the enterprise's affairs (including lower-rung participants acting under upper management's direction, or outsiders exerting control via bribery). Merely furnishing professional services is insufficient.

interpretation

In sum, we hold that “to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs,” § 1962(c), one must participate in the operation or management of the enterprise itself.

/us/507/0170-01 — Supreme Court of the United States · 1993

In sum, we hold that “to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs,” § 1962(c), one must participate in the operation or management of the enterprise itself.
Source: docroot/ir/caselaw/us_507.jsonl#/us/507/0170-01; Unicode character offsets [23127:23334] (end exclusive); SHA-256 2419fe5704d7ee89eb2a2ed333e17382cbc6492e0021af1984bb9a47dcfe95a2.

Reves v. Ernst & Young establishes the "operation or management" test: defendant must have some part in directing the enterprise's affairs (including lower-rung participants acting under upper management's direction, or outsiders exerting control via bribery). Merely furnishing professional services is insufficient.