Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996

United States Court of Appeals for the Ninth Circuit · 1996-04-04

18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed

Original case on neochart.com

Case and law context

18 U.S.C. § 1962

Role: applied; posture: civil; second amended complaint dismissed under 12(b)(6) without leave to amend for failure to allege an enterprise; plaintiffs appeal; affirmed; result: claimant-lost; claim: (c),(d)

Uncertainty

None recorded

Misfit

The holding is a RELATION between two elements (enterprise must be structurally separate from the pattern of racketeering), same shape as the person/enterprise distinctness misfit in Cedric Kushner; recorded under `enterprise` with a failure-mode variant. The .law file now has both a sub-element enterprise.distinct-from-pattern and a constraint on (enterprise, pattern); these blocks were left on the bare id, and a block cannot attach to a constraint.

The Turkette two-prong test (ongoing organization / continuing unit) splits the element and the court decides the prongs oppositely. `enterprise.continuing-unit` is now declared in the .law file, but prong 1 has no sub-id (enterprise.organization) and sits on the bare `enterprise` id.

The rule announced here (ascertainable structure beyond the predicate acts) was later abrogated/relaxed (Odom v. Microsoft, 9th Cir. 2007 en banc; Boyle, 2009); the notation has no field for "rule superseded" or temporal validity of a `rule` line.

Circuit-split survey (six circuits vs two) is the bulk of the opinion; no construct for "court chose interpretation A over B", only the resulting `rule`.

Denial of leave to amend (procedural, futility) is part of the result but has no place in the element model.

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 19

18 U.S.C. § 1962
CaseCulpable person (§ 1961(3)) distinct from the enterprise under (c)Pattern of racketeering activity (§ 1961(5)): at least two predicate acts with relatedness and continuityRacketeering activity (§ 1961(1) enumerated state and federal predicate offenses)Collection of an unlawful debt (§ 1961(6)) — alternative to pattern of racketeering activityUse or investment of racketeering income in an enterprise (§ 1962(a))Enterprise (§ 1961(4)): legal entity or association-in-fact
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)
○ not reached · basis not recordedNot counted: applied/merits
○ not reached · basis not recordedNot counted: applied/merits
○ not reached · basis not recordedNot counted: applied/merits
· not addressed· not addressed

Elements 7–12 of 19

18 U.S.C. § 1962
CaseInterstate or foreign commerce nexusDe minimis open-market securities investment proviso (§ 1962(a))Acquire or maintain interest in or control of an enterprise (§ 1962(b))Defendant employed by or associated with the enterprise (§ 1962(c))Conduct or participate in the conduct of enterprise affairs (§ 1962(c) operation or management test)Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d))
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)· not addressed· not addressed· not addressed· not addressed
○ not reached · basis not recordedNot counted: applied/merits

Elements 13–18 of 19

18 U.S.C. § 1962
CaseCivil RICO injury to business or property (18 U.S.C. § 1964(c))But-for and proximate causation ("by reason of", 18 U.S.C. § 1964(c))Statute of limitations (4-year civil under Agency Holding; 5-year criminal under 18 U.S.C. § 3282)Claim preclusion / release by prior class-action settlementCivil aiding and abetting a RICO violation (rejected as a private cause of action)Fifth Amendment Double Jeopardy bar against successive RICO conspiracy/substantive prosecutions
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 19–19 of 19

18 U.S.C. § 1962
CaseParol evidence rule raised to bar extrinsic evidence of fraudulent misrepresentations
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Conduct or participate in the conduct of enterprise affairs (§ 1962(c) operation or management test)not_reached
Excluded from merits counts
applied / merits

claim: (c),(d)

Dictum only: had the brokerage itself been pleaded as the enterprise, the sellers could not be defendants absent management/control over it (Reves).
Unspecified routeNo source quotation recorded for this block.
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not · pleaded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d))not
Counted merits instance
applied / merits

basis: pleaded; claim: (c),(d)

(d) claim falls with the (c) claim; no independent analysis of agreement.
derivative-of-substantive-claim/no-enterprise-alleged
Without a proper allegation of an enterprise, neither the § 1962(c) nor the § 1962(d) claims can survive Appellees’ motion to dismiss.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [25246:25380] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not · pleaded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Enterprise (§ 1961(4)): legal entity or association-in-factnot
Counted merits instance
applied / merits

basis: pleaded; claim: (c),(d); theory: separate structure supplied by naming the non-party brokerage George Realty as a member; subject: theory=separate structure supplied by naming the non-party brokerage George Realty as a member

A corporate member supplies separate structure only if it actually plays a role (shield, front, conduit for proceeds); merely listing a legal entity does not.
passive-corporation-named-as-member
The second amended complaint alleged that George Realty was part of the enterprise, but did not name George Realty as a defendant and did not explain George Realty’s relationship to or participation in the alleged enterprise, except to note that Eddie Lin was the real estate agent representing George Realty.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [23320:23629] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Although George Realty had a legal existence separate from the racketeering activity, Appellants did not allege that it participated in the racketeering activity.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [23630:23792] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

It is true that the involvement of a corporation, which has an existence separate from its participation in the racketeering activity, can satisfy the enterprise element’s requirement of a separate structure.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [21908:22116] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Thus, the mention of George Realty in the description of the alleged enterprise fails to satisfy the separate structure requirement.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [24413:24545] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not · pleaded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Enterprise (§ 1961(4)): legal entity or association-in-factnot
Counted merits instance
applied / merits

basis: pleaded; claim: (c),(d); party: Lin and the two Gabryehs (sellers + sales agent); theory: association-in-fact structured only by the repeated land-fraud transactions; subject: party=Lin and the two Gabryehs (sellers + sales agent); theory=association-in-fact structured only by the repeated land-fraud transactions

Same roles repeated across ~31 transactions (same modus operandi) is not structure: no decision-making apparatus, no separate mechanism for distributing proceeds. One allegation that sellers "directed" the agent shows at most a conspiracy, and a conspiracy is not an enterprise. Adopts the then-majority "separate ascertainable structure" test (later relaxed by Boyle v. United States, 2009 -- not in this opinion).
no-structure-beyond-predicate-acts
According to the second amended complaint, Appellee Eddie Lin, Appellee Eugene Gabryeh, Appellee Marian Gabryeh and George Realty formed a RICO enterprise by associating in fact to conduct the above described fraudulent real estate transactions.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [4539:4784] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Each Appellee allegedly was in charge of and played a vitally important role in controlling and managing a specific phase of the enterprise’s activities.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [4785:4938] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Each Appellee conducted his or her role in the alleged fraudulent real estate transactions autonomously.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [19639:19743] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

The proceeds were allocated to Appellees in a manner consistent with ordinary real estate transactions.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [21324:21427] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

We hold that a RICO enterprise must have an ascertainable structure separate and apart from the structure inherent in the conduct of the pattern of racketeering activity.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [1065:1235] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

The structure should provide “some mechanism for controlling and directing the affairs of the group on an ongoing, rather than an ad hoe, basis.”
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [17926:18071] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Rather, it is sufficient to show that the organization has an existence beyond that which is merely necessary to commit the predicate acts of racketeering.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [18362:18517] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Appellants have not alleged a structure to the organization beyond that which was inherent in the alleged acts of racketeering-activity.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [19041:19177] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

This lone statement that the Gabryches directed Lin’s actions is insufficient to establish that there was an enterprise separate and apart from the predicate acts.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [20225:20388] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — satisfied · pleaded (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Continuing-unit requirement for association-in-fact enterprisesatisfied
Counted merits instance
applied / merits

basis: pleaded; claim: (c),(d)

Turkette prong 2 met; the claim fails on prong 1 (organization/structure) alone.
continuing-unit/same-participants-repeated-transactions
The complaint described in detail three land transactions between Appellants and Appellees, and referred to twenty-eight additional transactions involving Appel-lees and buyers who are not parties to the present action.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [2893:3112] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

establishing the existence of an associated-in-fact enterprise requires proof (1) of an ongoing organization, formal or informal, and (2) that the various associates function as a continuing unit.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [7959:8155] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

The second amended complaint adequately alleged that Appellees, as associates, functioned as a continuing unit.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [8187:8298] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

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

Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Pattern of racketeering activity (§ 1961(5)): at least two predicate acts with relatedness and continuitynot_reached
Excluded from merits counts
applied / merits

claim: (c),(d)

Unspecified routeNo source quotation recorded for this block.
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Culpable person (§ 1961(3)) distinct from the enterprise under (c)not_reached
Excluded from merits counts
applied / merits

claim: (c),(d)

Unspecified routeNo source quotation recorded for this block.
Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 — not reached (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)Racketeering activity (§ 1961(1) enumerated state and federal predicate offenses)not_reached
Excluded from merits counts
applied / merits

claim: (c),(d)

District court also found two predicate acts not pleaded with particularity against two defendants; the panel expressly declined to resolve that.
Unspecified routeNo source quotation recorded for this block.

Court interpretations recorded from this case

interpretation

establishing the existence of an associated-in-fact enterprise requires proof (1) of an ongoing organization, formal or informal, and (2) that the various associates function as a continuing unit.

Chang v. Chen — 80 F.3d 1293 (1996) · United States Court of Appeals for the Ninth Circuit · 1996 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)

establishing the existence of an associated-in-fact enterprise requires proof (1) of an ongoing organization, formal or informal, and (2) that the various associates function as a continuing unit.
Source: docroot/ir/caselaw/f3d_80.jsonl#/f3d/80/1293-01; Unicode character offsets [7959:8155] (end exclusive); SHA-256 26cde6fa4ab06011a337a0eb0c4944860e40f7ebb537337a05e0b8e6b410e5bb.

Associates must function as a continuing unit over time rather than committing isolated, uncoordinated offenses.